9th Circuit overturns Trump judges’ decision authorizing deployment of National Guard troops to Portland
The full 9th Circuit Court of Appeals voted Tuesday night to overturn a panel’s decision authorizing the deployment of the National Guard to Portland and will hear the case again.
The 9th Circuit declined to rehear a similar case in Los Angeles, prompting dissenting judges to issue dire warnings about the military’s incursion into domestic life. The panel in that case, made up of two Trump judges and one Biden judge, also overturned a district court’s block on the Guard’s deployment.
Tuesday’s vote will not affect conditions on the ground in Portland, as the Guard was never deployed despite the committee’s decision earlier this month. Surprisingly, the Trump administration never appealed any of the district court’s temporary restraining orders preventing the deployment of any state’s guards.
Read the 9th Circuit’s order here:
“I urge my colleagues on this Court to act quickly to overturn the majority’s order before the unlawful deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those following this case to maintain faith in our justice system for a little longer.”
The 9th Circuit declined to rehear a similar case in Los Angeles, prompting dissenting judges to issue dire warnings about the military’s incursion into domestic life. The panel in that case, made up of two Trump judges and one Biden judge, also overturned a district court’s block on the Guard’s deployment.
Tuesday’s vote will not affect conditions on the ground in Portland, as the Guard was never deployed despite the committee’s decision earlier this month. Surprisingly, the Trump administration never appealed any of the district court’s temporary restraining orders preventing the deployment of any state’s guards.
Read the 9th Circuit’s order here:
A “majority of active, unchallenged judges” voted to vacate and rehear, according to a brief order. A circuit judge had ordered the vote shortly after a panel — made up of two Trump appointees and one Clinton appointee — last week blocked a lower court order protecting Portland from the deployment. In a sharp dissent from that decision, Judge Susan Graber, a Clinton appointee, asked her colleagues on the 9th Circuit to overturn the majority opinion.
“I urge my colleagues on this Court to act quickly to overturn the majority’s order before the unlawful deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those following this case to maintain faith in our justice system for a little longer.”
The 9th Circuit declined to rehear a similar case in Los Angeles, prompting dissenting judges to issue dire warnings about the military’s incursion into domestic life. The panel in that case, made up of two Trump judges and one Biden judge, also overturned a district court’s block on the Guard’s deployment.
Tuesday’s vote will not affect conditions on the ground in Portland, as the Guard was never deployed despite the committee’s decision earlier this month. Surprisingly, the Trump administration never appealed any of the district court’s temporary restraining orders preventing the deployment of any state’s guards.
Read the 9th Circuit’s order here:
