Judge rules DOD can't dissolve National Guard unit without Governor's approval

[JURIST] US District Judge for the Eastern District of Pennsylvania John R. Padova ruled Friday that the US Department of Defense does not have the authority to dissolve a Pennsylvania National Guard [official website] division without approval of Governor Ed Rendell [official profile]. The judge held that the DOD's recommendation to deactivate the 111th Fighter Wing of the Pennsylvania Air National Guard [official website], which employs 1,000 people, is "null and void." The US Justice Department unsuccessfully argued that the Base Realignment and Closure Act [DOD website on BRAC] supersedes the federal law requiring gubernatorial consent. A base closing commission is expected to rule Friday whether to recommend the closure of the Willow Grove station, the home to the Pennsylvania National Guard's fighter wing and Air Force and Navy reserve units. The case did not consider the Pentagon's authority to close Willow Grove. The governors of Illinois and Tennessee have filed similar lawsuits and Delaware is considering similar action. AP has more.

 

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