Blagojevich, Attorney General Madigan take legal battle to U.S.
Supreme Court to stop the Pentagon from moving F-16s from
Springfield's 183rd Fighter Wing
[SEPT. 9, 2005] CHICAGO -- Attorney General Lisa Madigan, on
behalf of Gov. Rod R. Blagojevich, filed an application Thursday
with the U.S. Supreme Court for an emergency injunction to stop U.S.
Secretary of Defense Donald Rumsfeld and the Defense Base Closure
and Realignment Commission from moving F-16 aircraft from and
otherwise realigning the 183rd Fighter Wing in Springfield.
The governor and attorney
general have said that the Pentagon's May 13 recommendation, which
the Base Closure and Realignment Commission also endorsed, violates
federal law, which dictates that the governor must give his consent
for this type of realignment. This latest legal action follows a
lawsuit that was filed in federal district court on July 21, seeking
to block the Pentagon's initial recommendation, and an emergency
injunction request filed Wednesday with the U.S. Court of Appeals
for the Seventh Circuit.
"We believe that the law is clearly on
our side, and, if the Supreme Court takes on this issue, this is an
important step in keeping these F-16s in Illinois because I have not
and will not give my consent to transfer them to Indiana,"
Blagojevich said. "This is not a complicated case, and I am hopeful
that our nation's highest court will see through the Pentagon's and
the BRAC commission's indefensible decision."
"Illinois has asked the U.S. Supreme Court to grant an emergency
injunction to prevent the BRAC commission from recommending to the
president in its report that the 183rd Fighter Wing be realigned,"
Madigan said. "We remain hopeful that the U.S. Supreme Court will
see things our way and grant the injunction."
Legal counsel for the commission recently issued a memo in which
he fully agreed with the legal arguments that Blagojevich and
Madigan have been making all along. BRAC Deputy General Counsel Dan
Cowhig wrote that no change in the organizational structure of an
Air National Guard unit can take place without the consent of the
state's governor.
The Springfield Air National Guard Base offers unique training
opportunities for the military that are second to none and a highly
strategic location for homeland security missions for both Illinois
and the entire Midwest. Illinois is also home to 11 nuclear power
plants that provide 50 percent of the state's power generation.
Further, Illinois has 28 locks and dams on the Illinois, Mississippi
and Ohio rivers. If the commission's recommendations are adopted,
these vital assets, and many others, will be at greater risk without
the F-16s in Springfield. This would also leave Illinois with only
two Air National Guard flying units, which is the same number as
several states with much smaller populations, including Alaska,
Arkansas and Hawaii.
The Air Force's own analysis also shows that taking the F-16s out
of Springfield will actually cost the taxpayers $10 million and will
never produce any savings.
The governor has been leading a coordinated effort for nearly
three years with the Illinois congressional delegation, other
elected officials and local leaders to prevent Illinois' military
bases from ending up on the BRAC list. He consistently has stressed
that these actions are a threat to our national and homeland
security and are not cost-effective.
Thursday was the deadline for the commission to publicly release
its final report, which is to be sent to President Bush. The
president has until Sept. 23 to approve or disapprove the list. By
Nov. 7 the BRAC list must be sent to Congress, which must also
approve or disapprove the list.
