U.S. Court rules National Guard base closure illegal

[deminks]

PHILADELPHIA (Reuters) - A federal judge ruled on Friday that the Pentagon had broken the law in seeking to close down the 111th Fighter Wing of the Pennsylvania Air National Guard without first obtaining the governor's approval.

The ruling was a victory for Democratic Gov. Ed Rendell, who challenged the Pentagon's plan to close the fighter wing at a naval base near Philadelphia. The disputed closure, which would cost more than 1,200 jobs, is part of round of planned domestic military base reductions.

The case was closely watched by other U.S states affected by the program because it could set a precedent for other governors unhappy with Washington's plans.

Illinois has also sued the Pentagon over the plan and Missouri has threatened similar action, saying Defense Secretary Donald Rumsfeld had "run roughshod" over states' Constitutional rights to run militias.

http://news.yahoo.com/s/nm/20050826/pl_nm/arms_usa_bases_court_dc

Oops! :sarcasm:

[davidinalameda]

1. good

maybe this will set some sort of precedent for limitations on the deployment of National Guard units as well

[Sgent]

2. I understand in theory

why the Judge found that way -- however, does it prevent the federal govt from withdrawling all funding?

[IA_Seth]

13. Exactly my thoughts...

Go ahead, leave it open...

But good luck getting any Federal funding for the base in the future.

[meganmonkey]

3. Good job, Ed!

Ha! Now let's see you get them to bring the guard home where they belong!

:toast:

[meow2u3]

4. YES!!!!

This is a real victory for the Second Amendment--as the Founding Fathers originally intended for it to be!

:bounce: :bounce: :bounce: :bounce:

:woohoo: :woohoo: :woohoo:

:applause: :applause: :applause: :applause: :applause: :applause: :applause: :applause: :applause: :applause:

[happyslug]

10. Not based on Second Amendment, but the Stature governing the NG

Under that Stature the Federal Government is FORBIDDEN to move a unit from one state to another WITHOUT THE PERMISSION OF THE GOVERNOR. Thus this is NOT a second amendment issue but an issue about the Stature setting up the National Guard as a component of the US ARmy.

[AlCzervik]

5. Wow, way to go Ed!

[krkaufman]

6. Hmmm... Interesting... Weaken National Guards ....

... through prolonged combat deployments; then close National Guard bases across the country.

Sure hope the federal military doesn't fall under the control of politicians who don't have the best interests of the people in mind.

[deminks]

7. That thought has been in the back of my mind

for some time. :hide:

[MisterP]

12. plus the new 5-inch-knives-okay rule--and it's August, and he's been

vegetating for over a month (as always), and his ratings are threatening...
It might also be a long-term plan to get us to DEMAND a military junta: I already here complaining--even here--about those "darn civilians" in charge who don't know anything!

[krkaufman]

16. Yeah, kinda like the "government is bad" meme.

No, government isn't bad... just Republican governments are. Why would you put in charge someone who doesn't believe in the organization they are to run? Would you want your soccer coach to be some guy who thinks the game should be abolished?

[Scooter24]

8. Even though

the court ruled in favor of the states, it still allows the Pentagon and Congress to defund the unit. And then there is no guarantee that this unit will receive any support from the Pentagon as it will be under the full control of the state.

This could ultimately cost Pennsylvania taxpayers more in the end because they will now be funding this unit.

[rodeodance]

9. you may be right--yet this is a victory for now.

[fighttheevilempire]

14. While that is true...

A state Gov. can certainly command a news media audience - and a Gov. complaining that the pResident and the Congress are not funding a military base in a time of war... is not good publicity. At this time, they cant afford more bad publicity.

[jody]

11. Maybe this will reopen debate on "To provide for organizing, arming, and

disciplining, the Militia" including both the organized and unorganized components.

US Code, Title 10 says:

QUOTE
"§ 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
UNQUOTE

[Roy]

15. who needs Nat'l Guard, don't we have 'MinuteMen' now?

We need the National Gaurds in Iraq, don't we?

:hide:



:sarcasm:

[indepat]

17. Rumsfeld's arrogance is exceeded only by his (fill in the blank)