9th Circuit blocks path for Trump to again deploy national guard without state approval
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Set us as preferred President Trump illegally usurped Gov.Gavin Newsom’s command of the California National Guard by ordering a surge troops deployed into Los Angeles and across the state amid protests against the White House’s mass deportation program last year, the 9th Circuit Court of Appeals ruled Friday.
The two-one decision split the president’s own appointees to the court, with Judge Eric D.Miller of Seattle siding with Judge Jennifer Sung of Portland, a Biden pick, and Judge Mark J.Bennett of Honolulu dissenting.
“The order exceeded the President’s statutory authority and encroached on Congress’s calling forth power, in violation of the constitutional separation of powers,” Sung wrote for the majority, calling Trump’s order “unconstitutional.” The decision also appeared to foreclose what California Atty.Gen.
Rob Bonta called “the Trump Administration’s transparent attempt” to preserve its right to call up California troops again under the same obscure statute — a novel legal maneuver administration lawyers said let the president seize command without invoking the far stronger Insurrection Act.California Federal prosecutors in Los Angeles and California Atty.
Gen.Rob Bonta held dueling news conferences Thursday, with each touting their efforts to crack down on medical providers accused of needless surgical procedures, sham addiction treatment program, bogus hospice care and other alleged schemes.The 9th Circuit trio was among the first to weigh the law last June, after Trump federalized 4,000 National Guard soldiers in response to unrest over immigration enforcement in Los Angeles.
California sued.US District Judge Charles R.
Breyer quickly ruled to block the deployment.But Sung, Bennett and Miller stayed his order, finding that the California deployment could go forward under an obscu...