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U.S. judge tosses Ill. base closure suit
AP ^ | 9/6/5 | JOHN O'CONNOR

Posted on 09/06/2005 3:18:34 PM PDT by SmithL

SPRINGFIELD, Ill. - A federal judge on Tuesday dismissed Gov. Rod Blagojevich's lawsuit aimed at stopping the military from moving fighter jets from Illinois to Indiana.

Judge Jeanne Scott ruled that Illinois had suffered no economic loss or breakdown in security because a federal commission's recommendation to move 15 F-16s to a base in Fort Wayne, Ind., is not final.

In a statement, Blagojevich said that the "battle to do what is right for Illinois and our country is certainly not over." But a spokesman said aides had not yet decided on the next step.

The Democratic governor argued that the 183rd Fighter Wing could not be relocated without his permission because it is part of the state militia he controls.

He asked the judge to issue a temporary restraining order to keep the Base Closure and Realignment Commission from sending its report to President Bush. The report is due by Thursday.

A Defense Department spokesman declined comment on the ruling, which runs counter to federal court decrees in other states.

In Connecticut, a judge issued a temporary restraining order and scheduled a hearing on a recommendation to move or retire planes from a fighter wing there.

And in Pennsylvania, a judge agreed with the governor that the military needs his permission to dissolve an Air Guard division.

On Wednesday, Massachusetts officials are planning to sue Defense Secretary Donald Rumsfeld and the federal base closing commission in a last-ditch effort to keep Otis Air National Guard base open.


TOPICS: Business/Economy; Culture/Society; Foreign Affairs; Government; News/Current Events; US: Illinois
KEYWORDS: baseclosure; brac; illinoislawsuit
We're starting to get conflicting rulings. It's time to get the SCOTUS up to full strength.
1 posted on 09/06/2005 3:18:37 PM PDT by SmithL
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To: SmithL
The Democratic governor argued that the 183rd Fighter Wing could not be relocated without his permission because it is part of the state militia he controls.

That's my Gov, clueless Rod.

My senators are Osama and Durbin. I should qualify for some sort of anti insanity aid.

2 posted on 09/06/2005 3:46:04 PM PDT by Graybeard58 (Remember and pray for Sgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: SmithL
Judge Jeanne Scott ruled that Illinois had suffered no economic loss or breakdown in security because a federal commission's recommendation to move 15 F-16s to a base in Fort Wayne, Ind., is not final.

Apparently, she's saying the Governor and State of Illinois are jumping the gun.  They must wait till the dirty deed is done.

Then, I suppose they can argue the federal laws:

10 U.S.C. (Armed Forces) § 18238 provides as follows:
A unit of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State or, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia.

32 U.S.C. (National Guard) § 104(c) provides that:
To secure a force the units of which when combined will form complete higher tactical units, the President may designate the units of the National Guard, by branch of the Army or organization of the Air Force, to be maintained in each State and Territory, Puerto Rico, and the District of Columbia. However, no change in the branch, organization, or allotment of a unit located entirely within a State may be made without the approval of its governor.


3 posted on 09/06/2005 3:46:25 PM PDT by Racehorse (Where your treasure is, there will your heart be also.)
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To: Racehorse

Uh, apparently there is some price to pay for electing an idiot who is a Democrat instead of the previous idiot who was a Republican. Can somebody tell me why we aren't closing bases in North Dakota?????


4 posted on 09/06/2005 3:57:22 PM PDT by bpjam (Now accepting liberal apologies.....)
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To: Graybeard58

I feel your pain. We are down here in Central IL suffering as well. Hopefully at re-election time more downstaters will remember Chicago Democrats NEVER have our best interests at heart.


5 posted on 09/06/2005 4:04:58 PM PDT by morans14
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To: morans14

I live in N. Pekin.


6 posted on 09/06/2005 4:15:50 PM PDT by Graybeard58 (Remember and pray for Sgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Graybeard58

So you know how it feels to be a downstater. Too bad Blago didn't realize Springfield was the capitol before he ran. We're in Bloomington-Normal.


7 posted on 09/06/2005 4:24:26 PM PDT by morans14
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To: SmithL

OMG! What will Illinois do if Indiana decides to attack? This will give Indiana air superiority.


8 posted on 09/06/2005 5:31:43 PM PDT by Valin (The right to do something does not mean that doing it is right.)
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To: Valin
This will give Indiana air superiority.

With the wing so disappears the Civil Engineers Squadron, the Security Forces Squadron, the Communications squadron, and the medical detachment, all very useful things to have around when a State governor and the local community needs them.  If the unit is self-contained on their own base, the fire department disappears too.

9 posted on 09/06/2005 6:12:57 PM PDT by Racehorse (Where your treasure is, there will your heart be also.)
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To: SmithL

Where is the base located in IL?


10 posted on 09/06/2005 7:40:43 PM PDT by virgil
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To: morans14

Where in Central I...Im right outside Decatur..


11 posted on 09/06/2005 7:42:37 PM PDT by mystery-ak
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To: virgil

It's in Springfield the state capitol...Blago has never been there...


12 posted on 09/06/2005 7:44:22 PM PDT by mystery-ak
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To: mystery-ak

We're in Bloomington-Normal


13 posted on 09/06/2005 8:08:26 PM PDT by morans14
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To: mystery-ak

I think this guy is an idiot. He gets the state involved in things he knows nothing about. It's just to get headlines.


14 posted on 09/06/2005 8:09:56 PM PDT by virgil
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To: mystery-ak
***It's in Springfield the state capitol...Blago has never been there...***

Our IDIOT sock puppet Governor has never been South of Roosevelt Rd. (12th St. for real old timers). He spends all his time in the 'Space Ship' building on Randolph & LaSalle (or is it Clark?).

In fact he such an ijit, the only "Springfield" Blago knows is the one on the Simpsons.

15 posted on 09/08/2005 5:49:11 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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