The decision halts a ruling from Judge Breyer, who found #Trump acted illegally when he activated the #NationalGuard over opposition from #California Gov #GavinNewsom.
The #9thCircuit court of appeals concluded that “it is likely that the President lawfully exercised his statutory authority”.
It also found that even if the #federal govt failed to notify the Newsom before federalizing the National Guard as required by #law, Newsom had no power to veto the president’s order.
The court case could have wider implications on the president’s #power to deploy #soldiers within the #US after #Trump directed #immigration officials to prioritize #deportations from other #Democratic-run #cities.
Trump, a Republican, argued that the #troops were necessary to restore order. Newsom, a #Democrat, said the move inflamed tensions, usurped local authority & wasted resources.
#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #NationalGuard
The ruling means control of the #California #NationalGuard will stay in #federal hands as the lawsuit continues to unfold.
The #state could choose to ask the full appeals court to rehear the matter, or it could directly ask #SCOTUS to intervene. But the state might also just move on from the current part of the dispute, since the ruling on Thurs pertains to a short-lived temporary restraining order that will soon be obsolete anyway.
#law #Title10 #PosseComitatusAct #LosAngeles #protests #Trump
Either way, litigation in the case is set to return on Friday to the San Francisco courtroom of the Federal District Court judge, Charles Breyer, for a hearing. He is weighing whether to issue a more durable preliminary injunction restricting what #Trump can do with some 4,000 #NationalGuard #troops or 700 active-duty #Marines his admin has also deployed into the #city.
#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #protests #AbuseOfPower
Judge Breyer’s temporary restraining order [#TRO] concerned only the #NationalGuard & whether it was lawful for #Trump to mobilize them under #federal control. At the hearing on Friday, he is also set to address a #state request to limit #troops under federal control to guarding federal buildings, & to bar them from accompanying #ICE agents on the #workplace #raids that sparked the #protests.
#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #military
@Nonilex the fascists know they will never be held accountable for their behavior and actions. They will always justify and rarely or never have evidence.
That request centers on a 19th-century #law, the #PosseComitatusAct, that generally makes it illegal to use the #military for #domestic law enforcement. The #Trump admin has argued that the #troops are not themselves performing law enforcement tasks, but rather are protecting civilian agents who are trying to arrest undocumented #immigrants.
[but we know better]
#Title10 #Constitution #RightToProtest #FreedomOfAssembly #LosAngeles #California #protests #NationalGuard #Marines #AbuseOfPower
