9th Circuit Says He Can Send National Guard to Portland
The U.S. Court of Appeals for the Ninth Circuit ruled Monday that President Donald Trump has the authority to deploy the National Guard to Portland, Oregon, overturning a ruling by a district judge earlier this month.
It was the second time the Ninth Circuit – despite its reputation as a liberal bastion – overrode lower courts and allowed Trump to exercise his constitutional powers as commander in chief; the first case was California.
National Public Radio reported:
A divided federal appeals court for the 9th Circuit today overturned a temporary restraining order. set up by a federal judge in Portland — removing the legal hurdle that prevented the Trump administration from sending National Guard troops to Portland.
“Having reviewed the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 USC § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable, with the regular forces, to execute the laws of the United States,'” the majority wrote in its decision.
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On October 16, a federal appeals court confirmed a previous decision by an Illinois district court, temporarily block the federalization of the president and the deployment of the National Guard there. The Trump administration asked the Supreme Court to intervene.
Much had been made previously about the decision by U.S. District Court Judge Karin Immergut, a Trump appointee for his first term, to block the deployment. Liberal commentators appreciated his grandiose declaration: “We are in a nation of constitutional law, not martial law.” » The Ninth Circuit has since ruled: This is indeed a nation of constitutional law, but not a government run by judges against law and order, or the Constitution itself.
Joel B. Pollak is a senior editor at Breitbart News and host of Breitbart News Sunday on Sirius XM Patriot Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the recent e-book “The Zionist Conspiracy (and How to Participate in It),” now available on Audible. He is also the author of the e-book Neither Free nor Fair: The 2020 U.S. Presidential Election. He is the recipient of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.
