- Apr 29, 2005
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Not sure how many are aware of this, but Gov. Rendell sued Rummy (DoD) and won. They based their case on the state constitution stating that only the Gov has the authority to decide what national guard levels are adequate for the "defense" of the state. This prompted them to file suit claiming that the BRAC recommendations to close a couple of PA bases went against the state's constitution. Today, a judge ruled in the states favor in what is likely to be round one of a pretty lengthy, and soon to be copied by many other states, battle against losing bases that will hurt their own state's economy.
Source
Source
Judge says Rendell must be consulted on Guard units
Friday, August 26, 2005
By Maeve Reston, Pittsburgh Post-Gazette
WASHINGTON -- The state of Pennsylvania won its first round in court today in a lawsuit against Secretary of Defense Donald Rumsfeld that could help keep open part of the Willow Grove Naval Air Station Joint Reserve Base north of Philadelphia.
The Defense Department has recommended closing the base, which includes the 111th Fighter Unit of the Air National Guard, as part of its plans to close or reconfigure some 800 military installations around the country. The independent Base Realignment and Closure Commission has been voting on the Pentagon recommendations over the last few days and is expected to decide on Willow Grove this afternoon.
The federal judge's ruling today in the lawsuit filed by Pennsylvania could affect the decision of commissioners on Willow Grove and other National Guard units in other states.
U.S. District Judge Judge John R. Padova in Philadelphia ruled that Gov. Ed Rendell and the state's two U.S. senators were correct in contending that it was illegal for Rumsfeld to deactivate the Air National Guard unit at Willow Grove without first consulting with Rendell because National Guard units are under shared control of the Pentagon and state governors.
In his ruling, Padova found that the portion of the Pentagon's base-realignment proposals that would deactivate the 111th Fighter Wing of the Pennsylvania Air National Guard is "null and void." Closing the Willow Grove base would result in a loss of 1,200 jobs, and moving the planes would reduce the state's National Guard fighter capacity by about 25 percent.