"A 2-1 Monday ruling by a federal judicial panel approved President Donald Trump's contentious order to send National Guard troops to "war-ravaged" Portland - and may ease the White House's efforts to do the same in San Francisco, experts said. The move from the Ninth Circuit Court of Appeals comes as Trump has repeatedly talked of sending the National Guard to San Francisco."
""Broadly speaking, the Supremacy Clause permits the federal government to carry out federal law enforcement," says Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council. This applies "even in places where local government does not want them." Today's order is "Portland-specific," Reichlin-Melnick continued, as "it is closely bound up in the facts on the ground before Trump federalized the National Guard on September 28.""
A federal judicial panel issued a 2-1 ruling approving President Donald Trump's order to send National Guard troops to Portland. Two Trump-appointed judges set a rationale allowing federal military intervention in the Pacific Northwest that could apply to any city in the Ninth Circuit. Federalizing the National Guard is a legally complex process vulnerable to city and state challenges. Fewer legal barriers exist to deployment of federal agencies such as the FBI, DEA, Customs and Border Protection, and ICE. The Supremacy Clause permits federal law enforcement even where local governments oppose their presence. The order is tied to facts before the September 28 federalization.
#national-guard-deployment #ninth-circuit #federal-law-enforcement #supremacy-clause #portland-protests
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