Appeals Court: Troops Can Remain In Los Angeles

Courthouse News reports:

A Ninth Circuit panel said late Thursday that President Donald Trump can continue “federalizing” the California National Guard while California Governor Gavin Newsom’s lawsuit challenging if the president had the power to mobilize the troops against Los Angeles protests pends in federal court.

The panel — consisting of U.S. Circuit Judge Mark J. Bennett and U.S. Circuit Judge Eric D. Miller, both Trump appointees, and U.S. Circuit Judge Jennifer Sung, a Joe Biden appointee — had blocked a lower court’s temporary restraining order on June 12, which had given control of the troops back to Newsom. This Thursday’s order extends the emergency pause the president requested and blocks the restraining order.

In their unanimous, per curiam opinion, the panel noted that it disagreed with the federal government’s argument that Trump’s deployment decision was “unreviewable” but still determined that Trump was within his authority to send out the state National Guard.

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