State Control of Guards Backed
A law that stripped governors of control over their states’ National Guards units’ training missions is unconstitutional, a federal appeals court ruled today.
The split opinion from the U.S. 8th Circuit Court of Appeals arose from a lawsuit by the State of Minnesota challenging the Montgomery Amendment, which was enacted in 1986 and effectively eliminated a requirement that governors give consent to training missions for their guard units. Minnesota Gov. Rudy Perpich claimed in the lawsuit that, but for the Montgomery Amendment, he would not have allowed his state’s National Guard to conduct a training mission in Central America, as ordered by the Pentagon.