The full 9th Circuit Court of Appeals voted Tuesday night to vacate a panel’s decision allowing the National Guard to deploy to Portland, and will rehear the case.
A “majority of nonrecused active judges” voted to vacate and rehear, per a brief order. A Circuit judge had requested the vote soon after a panel — composed of two Trump appointees and one Clinton appointee — last week blocked a lower court order protecting Portland from the deployment. In a scorching dissent from that ruling, Judge Susan Graber, the Clinton appointee, had asked her colleagues on the 9th Circuit to vacate the majority opinion.
“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”
The 9th Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting judges to pen dire warnings about the incursion of the military into domestic life. The panel in that case, two Trump judges and a Biden one, had also reversed a district court block of the Guard’s deployment.
Tuesday’s vote won’t affect conditions on the ground in Portland, as the Guard never deployed despite the panel’s decision earlier this month. The Trump administration had, inscrutably, never appealed one of the district court’s temporary restraining orders blocking Guards from any state from deploying.
Read the 9th Circuit’s order here:
So after the 9th Circuit rules against the Authoritarian Alpha Hotel sending the Guard to Portland, the administration immediately appeals to the
Calvin ball 6Supremes. Then what?Do you follow the Constitution and p*ss off the MAGA cult? Or give the Orange POS authority to deploy the Guard and you hand that power over to the next Democratic Administration.
The only hope there might be that enough of them will realize that rewarding repeatedly lying to the lower courts isn’t something they should condone. Of course, they’ve been happy to repeatedly sign on to patently false right wing legal arguments, so don’t hold your breath.
“The Trump administration had, inscrutably, never appealed one of the district court’s temporary restraining orders blocking Guards from any state from deploying.”
Looks pretty scrutable to me. They’re a sloppy blend of the Gestapo and the Keystone Kops. DOJ’s too busy with a constantly growing rubbish heap of vindictive prosecutions to keep track of how many injunctions against Trump’s criminality they need to be appealing.
A win is a win, however small and perhaps temporary. Here in Portland, we’ll take it.
About fucking time. Someone, anyone needs to stop this fucking insanity. I applaud this en banc review and ruling.
This needs to be the precedent going forward on un-solicited National Guard deployments, if Federalism means anything.
The corrupt SCOTUS should NOT be permitted to overrule findings of fact and en banc rulings by multiple circuits. They should only review cases of original jurisdiction - disputes between the states. There is ZERO dispute between CA and OR.
The Supreme Court judges are not Gods, just (mostly) corrupted politicians nominated by deeply flawed Presidents, in a big, largely empty, ugly Temple of Injustice.