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Friday, July 27, 2007

Courts - More on: 7th Circuit affirms CD Illinois ruling dismissing suit to stop Illinois base closure

This ILB entry from Sept. 9, 2005 quoted from a Chicago Tribune story that began:

SPRINGFIELD -- A federal appeals court on Thursday rejected Gov. Rod Blagojevich's attempt to stop the government from moving National Guard fighter jets to Indiana.

A three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago ruled that Blagojevich was premature in protesting a commission's recommendation that Springfield's 183rd Fighter Wing and its 15 jets move to Fort Wayne as part of a nationwide reorganization of the U.S. military.

Two justices, with one dissenting, said Blagojevich could come back to court if the change is approved by President Bush and Congress. A spokeswoman for Attorney General Lisa Madigan said the state plans to do that.

Apparently, he has now done just that. An AP story today in the Terre Haute Tribune-Star begins:
SPRINGFIELD, Ill. — A federal judge has ruled against Gov. Rod Blagojevich’s attempt to keep 15 National Guard fighter jets from being moved from here to Indiana.

U.S. District Judge Jeanne Scott granted the Defense Department’s motion to dismiss Blagojevich’s suit that challenged the move. The governor had claimed the federal government needed his consent to move the planes, and he sought a permanent injunction to block the transfer.

But Scott said the Department of Defense is protected from any injunction by the federal government’s sovereign immunity. She said her ruling Wednesday effectively closes the case.

Posted by Marcia Oddi on July 27, 2007 08:31 AM
Posted to Courts in general