Appeals court temporarily blocks judge's ruling to return control of National Guard to California
Source: PBS Newshour
The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judges order that directed President Donald Trump to return control of National Guard troops to California after he deployed them there following protests in Los Angeles over immigration raids.
The court said it would hold a hearing on the matter on June 17. The ruling came only hours after a federal judges order was to take effect at noon Friday.
Earlier Thursday, U.S. District Judge Charles Breyer ruled the Guard deployment was illegal and both violated the Tenth Amendment and exceeded Trumps statutory authority. The order applied only to the National Guard troops and not Marines who were also deployed to the LA protests. The judge said he would not rule on the Marines because they were not out on the streets yet.
California Gov. Gavin Newsom, who had asked the judge for an emergency stop to troops helping carry out immigration raids, had praised the earlier ruling.
Read more: https://www.pbs.org/newshour/politics/appeals-court-temporarily-blocks-judges-ruling-to-return-control-of-national-guard-to-california

pat_k
(11,324 posts)Polybius
(20,180 posts)I hate that it's like this, but legally it looks like a President can take over any state's National Guard. We need to change the law so they can't.
pnwmom
(109,905 posts)pat_k
(11,324 posts)Now it will be a randomly selected panel of 11 with the Chief Judge of the Circuit presiding.
FWIW, the entire circuit is 29 members:
10 appointed by Trump
3 appointed by GWB
The rest Clinton, Obama, or Biden
So the odds of sanity ruling at this level is somewhat better than 50% 50%.
But the damage done by leaving the guard under orders of the 47 regime for another five days is enormous.
Lovie777
(18,883 posts)shithole is treating the NG like shit. 2 judges I see have no concerns for the NG welfare. The NG doesn't deserve this.
Hellbound Hellhound
(449 posts)I can assure you they have food and water, but sleeping on the ground is nothing new to these guys and is a step up from their normal sleeping establishment of "In a muddy puddle in a torrential downpour." There's a reason no one's treating it as a story; In a rapid deployment setting, this is about as good as these guys ever get.
Cha
(311,874 posts)of Gov Newsom and he was Righteously Confident it would be Noon tomorrow he would get CA NG BACK!
TY
mdbl
(6,665 posts)There was no emergency or threat of insurrections - unlike the criminals they released from the Jan6 insurrection.
Cha
(311,874 posts)Follow the Rule of Law A La Cannon Fodder.
littlemissmartypants
(27,957 posts)Who's surprised?
Canada Kid
(213 posts)Based on the exemplary manner in which he conducted himself at last evenings press conference, Gov. Gavin Newsom is just what America needs as it's next president. Ultra cool, very professional, eloquent, highly polished delivery, an extremely determined manner...this smacks of what a TRUE president should be. A complete opposite to the garbage can who presently holds that office. I was very impressed! Gavin Newsom at his BEST!!
Hugin
(36,222 posts)Or State Supreme Courts for that matter. The only people who seem to pay attention to them are Democrats.
Javaman
(64,055 posts)they had a 300 page appeal ready for this.
they are fucks and they enjoy being fucks.
CapnSteve
(306 posts)
so 10th, 1st, 4th and 5th so far. What else am I missing? The Emoluments Clause as well (Article I, Section 9, Clause 8 of the US Constitution).
See you at No Kings!
orangecrush
(25,043 posts)bluestarone
(19,843 posts)Why does this fucker ALWAYS get time from the courts. Wish Newsom could demand an earlier hearing.
GoodRaisin
(10,251 posts)When it gets to June 17th it will delayed another one or two months. Hes going to have feds all over the country before anything gets done and then its already been normalized. The court system is proving itself insufficient to stop a dictator takeover.
BlueKota
(4,308 posts)will just kneel down and kiss tsf's corpulant bottom. His threats seemed to have worked with them because though it looked like at one point at least 4 of them might be willing to stand up for the Constitution, they're back to allowing him to ignore it.
Mysterian
(5,689 posts)and paves the road to fascism.