"The nightmare of Donald Trump wielding the National Guard as his personal army in cities where he claims, without evidence, that this intervention is needed, is going to continue for now, after a decision filed Monday by the Ninth Circuit Court of Appeals. Two Trump appointees on the Ninth Circuit Court of Appeals have ruled in favor of the Trump administration, overrulling another Trump-appointed judge in federal court in Portland, in the case pertaining to the deployment of National Guard troops to protect Portland's lone federal building."
"Despite the small and inconsequential nature of the protest that has been happening over ICE activity in Portland, two of the three Ninth Circuit judges ruling on the case found that the deployment was justified because "state and local law enforcement have been unable or unwilling to assist the government's efforts to protect federal personnel and property.""
"The 93-page decision goes on to cite multiple incidents in Portland in which protesters have allegedly acted aggressively toward federal agents. In that ruling, the appellate court found that the president operated within his authority to federalize the National Guard, but they noted that when troops are deployed for no apparent reason, future moves by the president could still be subject to the court's review."
A Ninth Circuit panel allowed the deployment of National Guard troops to Portland to protect federal property and personnel. Two Trump-appointed judges overruled a different Trump-appointed district judge and found the deployment justified because state and local law enforcement had been unable or unwilling to assist federal efforts. The judges noted that protests nationwide ranged from peaceful to violent and cited alleged aggressive incidents in Portland and a shooting outside an ICE facility in Dallas. The decision referenced an earlier Ninth Circuit ruling that upheld presidential authority to federalize the Guard while leaving future deployments open to judicial review. Judges Ryan Nelson and Bridget Bade authored the opinion.
Read at sfist.com
Unable to calculate read time
Collection
[
|
...
]