[JURIST] A federal judge Wednesday issued a temporary restraining order stopping the Base Closure and Realignment Commission [official website] from removing fighter jets at Bradley Air National Guard base [official website] in Connecticut. Connecticut filed a lawsuit [PDF complaint; JURIST report] last month arguing that the proposed change, part of the Pentagon's base realignment plan, could not be made without the governor's approval. US District Judge Alfred Covello issued the order, saying the state would suffer hardship if the suit was not considered because once the commission's recommendations were submitted to the President, there would be no opportunity for judicial review. Thursday marks the deadline for the commission to make its final report to the President, who said he will forward it to Congress without changes. While Connecticut Governor M. Jodi Rell [official website] welcomed the order [statement], the federal government has appealed the ruling, saying that proposals by the commission are not issues for the courts to consider. The American Forces Press Service has background on other BRAC commission proposals. AP has more.
Previously in JURIST's Paper Chase...
- Base closure cases dismissed in Illinois, New Jersey
- States brief ~ Federal judge to hear MO base closure case
- Connecticut files suit to keep National Guard base open
- Judge rules DOD can't dissolve National Guard unit without Governor's approval
- Memo questions use of base closure law to dissolve Air National Guard units
12:04 PM ET - In related developments Thursday, the US Court of Appeals for the Third Circuit [official website] has denied an appeal by New Jersey politicians, union officials and contractors to stop the BRAC commission from closing the state's Fort Monmouth Army base [official website]. Also, a Massachusetts judge has rejected that state's attempt to keep the Otis Air National Guard base open in Cape Cod. AP has more.