Page:United States Reports 502 OCT. TERM 1991.pdf/374

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KING v. ST. VINCENT’S HOSPITAL Opinion of the Court

Souter, J., delivered the opinion of the Court, in which all other Members joined, except Thomas, J., who took no part in the consideration or decision of the case.

Amy L. Wax argued the cause for petitioner. With her on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Shapiro, and Michael Jay Singer. Harry L. Hopkins argued the cause and filed a brief for respondent. Justice Souter delivered the opinion of the Court. The issue in this case is whether 38 U. S. C. § 2024(d), a provision of what is popularly known as the Veterans’ Reemployment Rights Act, implicitly limits the length of military service after which a member of the Armed Forces retains a right to civilian reemployment. We hold that it does not. I In June 1987, petitioner William “Sky” King,1 a member of the Alabama National Guard,2 applied to become command sergeant major in the Active Guard/Reserve (AGR) program, and thereby undertook to serve the 3-year tour of duty required by Army regulations 3 of the person holding that position.4 The next month King learned of his selection and advised his employer, respondent St. Vincent’s Hospital, that he had accepted the Guard’s 3-year full-time appointment. 1

How and why petitioner’s nickname claimed a place in the caption of this case is a mystery of the record. 2 The Alabama National Guard is a militia under state control except under certain constitutionally defined circumstances. See U. S. Const., Art. I, § 8, cl. 15. Because Congress nonetheless is authorized generally to “provide for organizing, arming, and disciplining” the Guard, cl. 16, federal law is at issue in this case. 3 Department of Army Reg. 135–18, ch. 2, § II, 2–9. Length of periods of AD or FTD (1985). 4 The AGR program was established by Congress in 1980. See Department of Defense Authorization Act, 1980, § 401(b), 93 Stat. 807.