The Latest From The Ninth Circuit -- Joyce Vance

[erronis]

https://joycevance.substack.com/p/the-latest-from-the-ninth-circuit

This is a very informative post by Joyce Vance. Please read the entirety.

Last night, the Ninth Circuit Court of Appeals reinstated, at least for now, Federal District Judge Karin Immergut’s first temporary restraining order, which prohibited the Trump administration from deploying the Oregon National Guard in Portland. It had been set aside, but the Circuit Court has put it back in place while determining whether the court will rehear the panel’s decision en banc.

The technicalities of the legal procedures here are intricate, but the bottom line is that it’s a setback, at least temporarily, for the Trump administration.

How did we get here? On Monday, a Ninth Circuit Panel ruled 2-1 that Trump could send National Guard troops into Portland. We discussed that decision here if you want a refresher. The majority ruled that “After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority,” and declined to interfere with Trump’s ability to send troops into Portland. The state initiated the request for reconsideration of that decision.

. . .

The Founding Fathers were against standing militias and certainly didn’t contemplate the deployment of military troops against American citizens on American soil. The Posse Comitatus Act has long prohibited that. It will be up to the Court to determine whether a president is permitted to make up emergencies that allow him to skirt the Act, opening up the potential for unprecedented militarization of our country.

Where it starts is never where it ends with this president. With the midterm elections at hand, giving Donald Trump the open-ended ability to declare an emergency with no evidence to support its existence and deploy the military to stoke fear and intimidate voters would be a dangerous development.

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[LetMyPeopleVote]

1. This makes me smile