United States Seventh Circuit

In an action brought by the Governor of Illinois challenging certain recommendations brought under the Defense Base Closure and Realignment Act, district court judgment is modified and affirmed where the governor's actions in invoking 32 U.S.C. sec. 104(c), which prohibits redeployment without gubernatorial consent, for the declared purpose of excluding its one base from the Commission's realignment program is forbidden by the Realignment Act, as the Act supersedes any statute that is incompatible with the Act's all-or-none feature.

Appellate Information

• Argued 06/03/2009
• Decided 07/29/2009
• Published 07/29/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Terence J. Corrigan, Office of the Attorney General, Springfield, IL, Brett E. Legner (argued), Office of the Attorney General, Chicago, IL, for Plaintiff-Appellant.


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