Judge Blocks Federalization of California National Guard, Saying It’s Become ‘National Police Force’
A federal judge on Wednesday ordered the Trump administration’s federalization of the California National Guard, writing that it has “sent California Guardsmen to other states, creating a national police force made up of state troops.”
“It is profoundly un-American to suggest that people peacefully exercising their fundamental right to protest constitute a risk justifying the federalization of military forces,” Breyer wrote.
While the Supreme Court procrastinates on an appeal of the Illinois National Guard trial, lower courts continue to function, holding trials and issuing rulings. The silence of the High Court is striking, even though it completed a full briefing a few weeks ago.
Read the decision here:
The administration’s attempts to identify incidents in California requiring the Guard’s continued presence have been weak. They included a few small demonstrations, reprehensible behavior on the part of isolated actors and even incidents that occurred in other states. They also argued that even the threat of future protests justified the perpetual presence of armed soldiers.
“It is profoundly un-American to suggest that people peacefully exercising their fundamental right to protest constitute a risk justifying the federalization of military forces,” Breyer wrote.
While the Supreme Court procrastinates on an appeal of the Illinois National Guard trial, lower courts continue to function, holding trials and issuing rulings. The silence of the High Court is striking, even though it completed a full briefing a few weeks ago.
Read the decision here:
“It’s shocking,” he wrote. “Adopting Defendants’ interpretation of Section 12406 would allow a President to create a perpetual police force composed of state troops, provided they are first legally federalized.”
The administration’s attempts to identify incidents in California requiring the Guard’s continued presence have been weak. They included a few small demonstrations, reprehensible behavior on the part of isolated actors and even incidents that occurred in other states. They also argued that even the threat of future protests justified the perpetual presence of armed soldiers.
“It is profoundly un-American to suggest that people peacefully exercising their fundamental right to protest constitute a risk justifying the federalization of military forces,” Breyer wrote.
While the Supreme Court procrastinates on an appeal of the Illinois National Guard trial, lower courts continue to function, holding trials and issuing rulings. The silence of the High Court is striking, even though it completed a full briefing a few weeks ago.
Read the decision here:
