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Appeals court: Rule on merits of fighter jet dispute

Posted March 20, 2008 11:00 pm

Meagan Sexton

Despite defeats in the federal battle locally, the war to retain the Illinois Air National Guard's Springfield-based fighter jets isn't over.

A ruling last week by the U.S. Court of Appeals 7th Circuit has sent the dispute back to U.S. District Court in Springfield, where Judge Jeanne Scott twice has dismissed on procedural grounds Gov. Rod Blagojevich's lawsuit challenging the Defense Department's decision to eliminate the planes of the 183rd Fighter Wing.

Blagojevich twice has appealed Scott's dismissals.

According to a 3-year-old study, the 183rd's base at Abraham Lincoln Capital Airport has an estimated $75 million economic impact on Sangamon and seven other surrounding counties.

If the planes are lost, approximately 163 full-time jobs would be lost with them, though new jobs could be added as new missions are assigned.

The administration originally sued after the federal Base Realignment and Closure Commission decided in 2005 to move all 15 active F-16 jets out of Springfield, possibly starting this spring. The governor contends that only he, not the Pentagon, has the authority to order such a move.

The appellate ruling issued March 11 directs the court in Springfield to address the merits of Blagojevich's arguments, even if there is "some new procedural obstacle."

"Whether the base-closure mechanism overrides the statutes on which the Governor relies is ... the question on the merits and not a reason to avoid reaching the merits," the appeals court wrote.

Scott ruled in July that Blagojevich's lawsuit was barred by the sovereign immunity of the United States and the federal courts lacking jurisdiction in the matter.

A Blagojevich spokesman said Thursday he was delighted with the appeals court ruling.

"The decision to cease flying operations at the 183rd Fighter Wing located at Springfield's Abraham Lincoln Capital Airport was the wrong decision, at the wrong time, for the wrong reasons," David Rudduck said in an e-mailed response.

"We are certainly pleased that the appellate court sees this matter as we do, as something of great national importance to be decided on the merits of the case rather than on a technicality. We look forward to having our day in court and are confident that we will prevail."

Lt. Stacey Rieger, spokeswoman for the Illinois Air National Guard, said the 183rd Fighter Wing's jets are being returned to Air Force inventory as part of the Base Realignment and Closure Act.

"The jets are leaving by the end of this fiscal year," Rieger said. "There will be loss of jobs as far as certain careers. Obviously, with no aircraft, we're not going to need any pilots. There are some maintenance positions tied to the aircraft as well."

She noted that the aircraft alone are being realigned, not the base itself.

In January, Blagojevich wrote the secretary of the Air Force, urging reconsideration of the move. If the fighters can't stay, Blagojevich suggested replacing them with Joint Cargo Aircraft, a new type of plane under development for both the Army and the Air Force.

A spokeswoman for the 183rd said at the time she hadn't heard of any plans to bring cargo planes to Springfield.

Meagan Sexton can be reached at (217) 782-6882.

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