Governors push back on federal proposal to move National Guard units

(The Center Square) – Colorado Gov. Jared Polis and Oklahoma Gov. Kevin Stitt released a statement on behalf of the National Governors Association condemning recent moves by the national Armed Services Committee, moves which the governors say break with “more than a century of important precedent surrounding state’s rights.”

In a notable move of unity, governors of all 55 states and territories have joined together to urge Congress to reject Legislative Proposal 480, which would allow specified Air National Guard units to be reassigned to the U.S. Space Force without legally required approval from governors.

“The Armed Services Committee’s failure to preserve governors’ lawful authority over their National Guards . . . is deeply concerning,” the statement from Polis and Stitt said. “It is crystal clear that National Guard units may not be moved without consultation and approval from governors.”

Polis and Stitt released the bipartisan statement as the respective chair and vice chair of the National Governors Association.

The National Guard Association of the United States, a nonprofit organization advocating for the National Guard, has also come out against Proposal 480.

“NGAUS strongly opposes any federal attempts to circumvent the long-established gubernatorial consent requirement,” a statement from the association said. “The Department of the Air Force’s plan to forcibly transfer . . . is not only legally questionable, but also would cost the nation significant amounts of time and money.”

Secretary of the Air Force Frank Kendall first approved Proposal 480 on March 15, 2024. It states that the transfer of the units will be done “without regard” to the previous sections of federal law requiring governor approval.

While the proposal was removed from the U.S. House version of the National Defense Authorization Act, it remains in the U.S. Senate version of the legislation.

More than 100 members of Congress have also joined the governors in opposition to the proposal.

“Using the power of Congress to override the authority of governors, rather than directing the Department of Defense to work with governors in good faith not only creates uncertain circumstances for the service members in affected states but also opens the door for future legislation overriding states’ rights,” the statement from Polis and Stitt said. “There is still time for Congress to do the right thing. We urge Congressional negotiators to uphold the law and preserve governors’ National Guard authority.”

By Elyse Apel | The Center Square