10 U.S.C. § 18238
Army National Guard of United States; Air National Guard of United States: limitation on relocation of units
A unit of the Army National Guard of the United States or the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State or, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia.
Notes of Decisions
Cited in 8
cases, 2005–2009 · leading case: Blagojevich v. Gates, 519 F.3d 370 (7th Cir. 2008).
Blagojevich v. Gates, 519 F.3d 370 (7th Cir. 2008). “See also 10 U.S.C. § 18238 (“A unit of ... the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State”).”
Blagojevich v. Gates, 558 F. Supp. 2d 885 (C.D. Ill. 2008). “” 10 U.S.C. § 18238 . The Governor contends the decision to move certain aircraft assigned to the 183rd Fighter Wing of the Air National Guard from a base in Illinois to one in Indiana violates these statutes.”
Rell v. Rumsfeld, 389 F. Supp. 2d 395 (D. Conn. 2005). “§ 104 (c) 1 and 10 U.S.C. § 18238 2 to disapprove changes to the organization or allotment of the Connecticut Air National Guard will be nullified; (2) with no Air National Guard aircraft stationed within its borders or under the Governor’s command, the Governor and her citizens…”
Quinn v. Gates, 575 F.3d 651 (7th Cir. 2009). “(The Governor also relied on 10 U.S.C. § 18238 , but that statute is no longer in issue.”
Blagojevich v. Rumsfeld, 385 F. Supp. 2d 768 (C.D. Ill. 2005). “The Commission must submit that report to the President of the United States by September 8, 2005.”
Blagojevich, Rod v. Gates, Robert M. (7th Cir. 2008). “See also 10 U.S.C. §18238 (“A unit of . . . the Air National Guard of the United States may not be relocated or withdrawn under this chapter without the consent of the governor of the State”).”
Auth. Under the Def. Base Closure & Realignment Act to Close or Realign Nat'l Guard Installations Without the Consent of State Governors (OLC 2005). “You have asked the Attorney General whether the federal government has authority under the Act to close or realign a National Guard installation without the consent of the governor of the state in which the installation is located, particularly given two earlier-enacted statutes…”
Pat Quinn v. Robert Gates (7th Cir. 2009). “(The Governor also relied on 10 U.S.C. §18238 , but that statute is no longer in issue.”
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