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Friday, August 26, 2005

Judge's Ruling Could Supercede BRAC

Governors in a number of states facing cuts to their National Guard bases have gone to great lengths to inhibit the Pentagon from following through with its relocation plans. Now, as Joann Loviglio reports for the AP, a Federal Judge has given an important victory to these governors.

In a blow to the Pentagon's plan to shake up National Guard units, a judge ruled Friday that the Defense Department does not have the authority to dissolve a Pennsylvania Air National Guard division without the governor's approval.

U.S. District Judge John R. Padova said Defense Secretary Donald Rumsfeld should have gotten consent from Gov. Ed Rendell before moving to deactivate the 111th Fighter Wing of the Pennsylvania Air National Guard. The judge said the Pentagon's recommendation to close the unit is "null and void."

The ruling came as a base closing commission wrapped up its work in deciding the fate of military bases around the nation. The commission voted Friday to close the Pennsylvania's Willow Grove station, which is home to the fighter wing and Air Force and Navy reserve units, along with other military units. But the commission did not deactivate the 111th.

It was not immediately clear how the ruling might affect the fate of other guard units targeted by the Pentagon.

Several other states have filed or are considering filing similar lawsuits.
[Update 6:01 PM Pacific]: I examine the impact this decision might have on Oregon over at BlueOregon.com. In related news, the Oregon Air National Guard was spared the loss of 15 F-15 fighter planes today.
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