ST. LOUIS — The federal government, not state governors, has the final authority over the deployment of National Guard troops outside the United States, an appeals court ruled Wednesday.
The U.S. 8th Circuit Court of Appeals upheld an amendment that prohibits governors from withholding consent to send troops outside the country because of objections to the location, purpose, type or schedule of active duty.
"We hold that the Constitution does not require gubernatorial consent to active duty for training of the National Guard of the United States," the court said in its 7-2 opinion.
The original lawsuit was filed on behalf of Minnesota Gov. Rudy Perpich by Hubert H. Humphrey III, the state's attorney general. Minnesota was joined in the suit by the states of Colorado, Delaware, Maine, Massachusetts, Ohio and Vermont.