The base-closing commission submitted its recommendations to the White House last night after withdrawing proposed changes at an Air National Guard base in Connecticut.
What was to have been a routine paperwork delivery of those proposals to President Bush was threatened by a cross-country legal fight.
Judges in Connecticut and Tennessee blocked the panel from recommending changes at local Air National Guard bases. The Tennessee decision was overruled by an appeals court yesterday afternoon, but the Connecticut injunction stood.
Supreme Court Justice Ruth Bader Ginsburg rejected the Bush administration's request for intervention in the Connecticut case.
The Base Closure and Realignment Commission, which was bound by law to send its report to the president by yesterday, withdrew the portion of the report recommending the realignment of Connecticut's 103rd Fighter Wing. The plan would have moved jets from Connecticut's Bradley Air National Guard Base to Massachusetts.
The commission said it would restore the recommendation if the Connecticut court's injunction "is later vacated, reversed, stayed or otherwise withdrawn."
Separately, Illinois, Missouri and New Jersey lost emergency Supreme Court appeals intended to stop the commission from sending the report to the president. Facilities in those states are among hundreds targeted by the panel for closure or consolidation in the first round of base closings in a decade.
Solicitor General Paul D. Clement, the administration's Supreme Court attorney, said the court should safeguard the work of the president and a commission that has spent five months on a plan to restructure domestic military bases to save billions of dollars.
The president has said he will probably pass the commission's final report on to Congress without changes, but he still could reject it or send it back to the commission for more changes. Copies of the report will be delivered this morning to Congress and the Defense Department. After Congress receives the report from the president, lawmakers will have 45 days to block it, although they have never rejected reports in base-closing rounds.
Ginsburg said a federal appeals court in New York was dealing with the Connecticut case and "this court should not short-circuit the normal review process absent a showing of irreparable harm stronger than that presented here." Ginsburg handles appeals from the U.S. Court of Appeals for the 2nd Circuit.
The Supreme Court dealt with a flurry of paperwork yesterday, a day after the funeral for Chief Justice William H. Rehnquist. Lawyers representing Sen. Jon S. Corzine (D) and other New Jersey officials said they wanted a reprieve to appeal the decision to close Fort Monmouth.
Missouri Attorney General Jay Nixon asked the high court to protect an Air National Guard unit in St. Louis, and Illinois Gov. Rod Blagojevich (D) challenged plans to move National Guard fighter jets.
Clement had argued for the government that a Connecticut judge was out of line Wednesday in barring the commission from recommending changes at an Air National Guard base in that state.
In other base-closing lawsuits, a Massachusetts judge yesterday rejected the state's efforts to protect the Otis Air National Guard Base. Like several other states, Massachusetts argued that changes to their National Guard units or bases must be approved by governors.