The Ninth Circuit Court of Appeals on Thursday evening indefinitely blocked a judge’s restraining order, allowing President Trump to keep the California National Guard deployed.
The three-judge panel included: Mark Bennet (Trump), Eric Miller (Trump) and Jennifer Sung (Biden).
Last Thursday, a federal judge in San Francisco ordered President Trump to return control of the National Guard back to California.
Last week about 700 US Marines were mobilized in response to the violent Los Angeles riots.
This is after Trump deputized 4,000 National Guard Troops to help quell the riots.
California’s far-left Governor Gavin Newsom sued President Trump and said he violated the 10th Amendment to the Constitution.
US District Judge Charles Breyer, (brother of retired SCOTUS Breyer), a Clinton appointee, previously granted Newsom a Temporary Restraining Order (TRO) and said Trump’s decision to federalize the National Guard was illegal.
Judge Breyer called President Trump’s actions “illegal” in a 36-page order.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith,” the judge wrote.
The Trump Administration appealed Judge Breyer’s decision to the Ninth Circuit Court of Appeals last week.
The Ninth Circuit immediately sided with Trump and granted a temporary administrative stay pending their adjudication of the Trump DOJ’s motion for a stay.
On Thursday, the Ninth Circuit unanimously granted the administrative stay and indefinitely blocked Judge Breyer’s restraining order.
“We now grant the stay. Defendants have made the required strong showing that they are likely to succeed on the merits of their appeal. We disagree with Defendants’ primary argument that the President’s decision to federalize members of the California National Guard under 10 U.S.C. § 12406 is completely insulated from judicial review. Nonetheless, we are persuaded that, under longstanding precedent interpreting the statutory predecessor to § 12406, our review of that decision must be highly deferential. Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States.”” the judges wrote.
It is unclear what Newsom will do next given a Biden appointee on the three-judge panel ruled against him.
