A federal judge enjoined the Trump administration’s federalization of the California National Guard Wednesday, writing that it has “sent California Guardsmen into other states, effectively creating a national police force made up of state troops.”
Judge Charles Breyer, a Clinon appointee, wrote that there is no feasible reason to justify the continued use of the troops months after the June protest that prompted their mobilization. He bristled at the administration’s argument that once the Guard is federalized, all extensions are judicially unreviewable.
“That is shocking,” he wrote. “Adopting Defendants’ interpretation of Section 12406 would permit a president to create a perpetual police force comprised of state troops, so long as they were first federalized lawfully.”
The administration’s attempts to identify incidents in California requiring the ongoing presence of the Guard were weak. They strung together a few small protests, misbehavior by lone actors and even incidents from other states. They also argued that even the threat of future protest 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 dallies over an appeal out of the National Guard lawsuit in Illinois, the lower courts have continued to operate, holding trials and handing down rulings. The high court’s silence is conspicuous, as it completed a full briefing weeks ago.
Read the ruling here:
I guess the regimes argument that the Rose Parade’s flowers are a cover for yet to be made Pinatas failed to move Judge Breyer.
So unfair.
You can’t expect SCOTUS to come up with yet more twisted reasoning – pretzel logic – to justify a perpetual police state overnight. There are many political masters, not to mention a bevy of marionettist oligarchs, yet to be heard from and accommodated. Crafting decisions from whole cloth is very time consuming.
Doesn’t mean it will stop. And SCOTUS will certainly overrule this and allow any guard or quasi-military to do the First Felon’s bidding.
I think these Federal judges need to add to each ruling a specific line item addressing SCROTUS directly to you know, “prove me wrong”. But less meme and more legalese.
@txlawyer ?
I dunno, man. Trump’s had an emergency stay application on file with SCOTUS since mid-October seeking to let the National Guard fuck up Chicago’s shit, and they haven’t taken any action on it so far. Deploying the NG to do law enforcement activities may be a bridge too far.