United States Seventh Circuit

In a suit by the governor of Illinois alleging that a decision to move planes from a Air National Guard base in Illinois to one in Indiana violated the rule that "no change in the branch, organization, or allotment of a unit [of the National Guard] located entirely within a State may be made without the approval of its governor," dismissal on grounds of sovereign immunity is reversed and remanded where: 1) the governor has challenged a final agency action; 2) no statute expressly replaces 5 U.S.C. sections 701 to 706 with an exclusive approach to judicial review; and 3) the relief the governor has requested falls within the scope of the waiver of sovereign immunity in section 702.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Brett E. Legner (submitted), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• H. Thomas Byron, III (submitted), Department of Justice Civil Division, Washington, DC, for Defendants-Appellees.