The U.S. Court of Appeals for the Ninth Circuit ruled Monday that President Donald Trump has the authority to deploy the National Guard to Portland, Oregon, reversing a decision by a district judge earlier this month.
It was the second time the Ninth Circuit — despite its reputation as a liberal bastion — overruled lower courts and allowed Trump to exercise his constitutional powers as commander-in-chief; the first case was California.
National Public Radio reported:
A divided federal appeals court for the 9th Circuit today overturned a temporary restraining order put in place by a federal judge in Portland – removing the legal impediment that was preventing the Trump Administration from sending National Guard troops to Portland.
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’” the majority wrote in their decision.
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On Oct. 16, a federal appeals court upheld an earlier district court ruling in Illinois, temporarily blocking the president’s federalization and deployment of the National Guard deployment there. The Trump administration has asked the Supreme Court to intervene.
Much had been made, earlier, of the decision of U.S. District Court Judge Karin Immergut, a first-term Trump appointee, to block the deployment. Liberal commentators relished in her grandiose declaration: “This is a nation of constitutional law, not martial law.” The Ninth Circuit has since decided: it is, indeed, a nation of constitutional law, but not of rule by judges against law and order, or over the Constitution itself.
Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the recent e-book, “The Zionist Conspiracy (and how to join it),” now available on Audible. He is also the author of the e-book, Neither Free nor Fair: The 2020 U.S. Presidential Election. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.
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