Ninth Circuit Overrules Lower-Court Hawaiian Judge's Order, Allowing Trump to Continue Using the National Guard to Control the Democrat-Media Party's Violent Insurrectionary Forces

The lower district court judge of course ruled that Trump wasn't permitted to use the normal powers of the presidency, as liberal district judges routinely do.

The three-judge panel reviewing that decision ruled unanimously that Trump has the authority. The panel featured two Trump judges and one Biden judge.

Note that both of these rulings have to do with an emergency temporary injunction -- that is, there was no full trial on the merits, just the lawyers making their case to judges on an expedited basis. So this is, technically, an interim opinion which may be revised later.

However, in this case, a "full trial" would pretty much just be lawyers making their cases to judges. This is a case that turns on constitutional language and precedents, not specific facts. So we can say that this temporary ruling is almost surely the final ruling, too. There aren't many new facts that would be disclosed after a fuller process, and those facts wouldn't alter the appeal court's ruling -- they're ruling that the president's decision-making with respect to the military is simply not up for judicial review.

President Donald Trump will retain command over National Guard troops deployed to Los Angeles, following a ruling late Thursday from a three-judge panel on the 9th U.S. Circuit Court of Appeals. The case stems from Trump's decision to send in federal troops after protests erupted in response to immigration enforcement actions. It marked the first time since 1965 that a president asserted control over a state's National Guard without that state's consent.

The ruling overturns a decision by U.S. District Judge Charles Breyer, who ruled that Trump had overstepped his legal authority by deploying troops without California's approval. Breyer, appointed by President Bill Clinton and the brother of former Supreme Court Justice Stephen Breyer, argued the protests failed to meet the legal threshold of a "rebellion" that would justify federal intervention. "The protests in Los Angeles fall far short of 'rebellion,'" Breyer wrote.

Last week, the 9th Circuit granted Trump an emergency administrative stay, temporarily pausing Breyer's injunction. But Thursday's decision goes significantly further. It replaces the temporary relief with a full, written opinion from the appellate panel, concluding that "it is likely that the President lawfully exercised his statutory authority." The panel also made clear that even if Gov. Gavin Newsom was not properly notified in advance, the law does not give governors the power to block such orders.

Trump is pleased.

Trump hails "BIG WIN" over Gavin Newsom on deploying National Guard

...

President Donald Trump on Thursday night hailed a major legal victory after a federal appeals court ruled he can retain control of National Guard troops he deployed to Los Angeles during immigration-related protests. The decision from the 9th U.S. Circuit Court of Appeals overturned a lower court ruling that previously blocked the deployment.

Trump responded on Truth Social praising the decision and criticizing California Governor Gavin Newsom. "BIG WIN in the Ninth Circuit Court of Appeals on the President's core power to call in the National Guard!" Trump wrote. "The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin."

The post emphasized that the ruling isn't just about California. "All over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done," Trump wrote. He added that the ruling "is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans."

Happy Friday! We've made it again.

posted by Ace at 12:07 PM

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