JAG CENTRALThe world's first weblog devoted to military justice and military law issues.
Sunday, August 28, 2005
RESTRICTING RUMSFELD: RENDELL AND THE B.R.A.C.
In this Eastern District of Pennsylvania case, the court held that Secretary Rumsfeld's recommendation to the BRAC that they disband the Pennsylvania Air National Guard's 111th Fighter Wing was illegal: "Accordingly, we find, as a matter of law, that the Secretary’s recommendation that the 111th Fighter Wing be deactivated without Governor Rendell’s prior consent violated [32 U.S.C.] Section 104(c)."
This case raises a host of interesting issues, including justiciability (standing, ripeness), federalism, and separation of powers. As it turns out, the BRAC did not vote to deactivate the 111th, though they did vote to close the base. It is not clear what the governmet could accomplish with an appeal. However, this is an interesting precedent: the Secretary is not even allowed to recommend dropping a national guard unit without the Governor's consent. See also the A.P. article.
Categories: Air+National+Guard, BRAC
This case raises a host of interesting issues, including justiciability (standing, ripeness), federalism, and separation of powers. As it turns out, the BRAC did not vote to deactivate the 111th, though they did vote to close the base. It is not clear what the governmet could accomplish with an appeal. However, this is an interesting precedent: the Secretary is not even allowed to recommend dropping a national guard unit without the Governor's consent. See also the A.P. article.
Categories: Air+National+Guard, BRAC
