Number: RL32963
Title: The Availability of Judicial Review Regarding Military Base Closures and Realignments
Authors: Ryan J. Watson, American Law Division 
Abstract: This report analyzes whether judicial review is available when plaintiffs allege that the Department of Defense (DOD), the independent BRAC Commission (Commission), or the President has either (1) failed to comply with procedural requirements of the Base Closure Act or (2) failed to properly apply specified selection criteria in making BRAC determinations. Congress could employ numerous strategies to attempt to "enforce" the Base Closure Act. However, this report focuses on the effect a failure to comply would have if Members of Congress or other parties sued based on an alleged failure to comply with the Act's provisions.  In particular, the report synthesizes key federal court decisions that address three potential bases for judicial review of BRAC-related actions: the Administrative Procedures Act (APA), the Base Closure Act, and the U.S. Constitution.
Pages: 9
Date: Updated June 30, 2005