9th Circuit Court reverses Judge Breyer over control of National Guard

[cnm]

9th Circuit will hear it on the 17th. I don't see 9th Circuit or SCOTUS either one, handing domestic control of National Guard over to the whim of a President, to just decide whether a Governor is doing the job for his state. That would be the definition of a Military Police State, here in the US, something the framers of our constitution were totally against.

Really? Military police state does seem to be something the POTUS is trying to achieve, going by his courting of the military and his actions.

 

[TemplarKormac]

Really? Military police state does seem to be something the POTUS is trying to achieve, going by his courting of the military and his actions.

These kinds of conspiracies are entertaining!

 

[cnm]

These kinds of conspiracies are entertaining!

I suppose you know of the circumstances of his political rally with a chosen/screened audience of soldiers in defiance of military precedent but are not worried about that either, along with all the other worrying things.

 

[TemplarKormac]

I suppose you know of the circumstances of his political rally with a chosen/screened audience of soldiers in defiance of military precedent but are not worried about that either, along with all the other worrying things.

Nah. I don't wanna play.

 

[cnm]

Nah. I don't wanna play.

As I concluded. Otherwise you'd have to admit to facts on the ground.

 

[TemplarKormac]

As I concluded.

Oh boy, it's 2:30 in the morning. Not really interested in a long, drawn-out discussion over conspiracies.

 

[Care4all]

In a lightning-fast ruling, the 9th Circuit Court of Appeals has reversed an earlier ruling by Judge Breyer this afternoon, ordering Trump to return the California National Guard to California's control.

10 USC 253 grants any president the power to federalize state National Guard troops to enforce federal law if state officials prove incapable of doing it themselves.

Title 10 requires the President to work with the governor for the state national guard.

 

[EvilCat Breath]

True. In fact, wherever Newsom and the lady mayor sent CHP or the PD, they took control and stopped the violence, arresting who they thought needed arresting. As protests go, these have not been anywhere near as destructive and other protests of other issues around the country. This is a perfect example of why control of the National Guard of that state, should not have been usurped by the President. Now you have Trump himself saying arresting and deporting hard farm workers, hotel workers, etc is a mistake.

Americans would like to make $38.00 an hour working in a hotel.

 

[scruffy]

Title 10 requires the President to work with the governor for the state national guard.

The governor refused.

Too bad for him.

 

[Mac-7]

In a lightning-fast ruling, the 9th Circuit Court of Appeals has reversed an earlier ruling by Judge Breyer this afternoon, ordering Trump to return the California National Guard to California's control.

10 USC 253 grants any president the power to federalize state National Guard troops to enforce federal law if state officials prove incapable of doing it themselves.

This was unexpected

The rogue democrat judge was overturned within hours rather than weeks or even months later that dems were hoping for

It left Newsom looking foolish after his premature victory speech

 

[toobfreak]

In a lightning-fast ruling, the 9th Circuit Court of Appeals has reversed an earlier ruling by Judge Breyer this afternoon, ordering Trump to return the California National Guard to California's control. 10 USC 253 grants any president the power to federalize state National Guard troops to enforce federal law if state officials prove incapable of doing it themselves.

This will be easy. Newsom has already proven himself incapable of enforcing local law much less federal law.

 

[toobfreak]

9th Circuit Court reverses Judge Breyer over control of National Guard In a lightning-fast ruling, the 9th Circuit Court of Appeals has reversed an earlier ruling by Judge Breyer this afternoon​

Which immediately makes me raise the question, how do two judges come to opposite conclusions over the same law and situation if our laws and judicial system are that exact? Further, what makes one judge right and the other wrong?

 

[NewsVine_Mariyam]

9th Circuit will hear it on the 17th. I don't see 9th Circuit or SCOTUS either one, handing domestic control of National Guard over to the whim of a President, to just decide whether a Governor is doing the job for his state. That would be the definition of a Military Police State, here in the US, something the framers of our constitution were totally against.

I thought the 9th Circuit had already issued a ruling so what's happening on the 17th? En banc?

 

[WorldWatcher]

I thought the 9th Circuit had already issued a ruling so what's happening on the 17th? En banc?

No 3 judge panel. Final decision still pending.

Yesterday the District Court Judge issued a temporary stay of the Federalizatgion of the Guard, pending futher action to determine if it would be lifted or permenant.

The 9th Circuit lifed the temporary state temporarily and will get briefs and hear arguments on the 17th to determine if their lifting of the stay will remain (permenantly overturning the District Judge) or if they will lift their holding on the Disctrict Court judges order allowing it to go into effect.

WW

 

[martybegan]

I predict this will over by Tuesday or the Appeals court will side with Judge Breyer.

https://thehill.com/regulation/court-battles/5348353-appeals-court-temporarily-lifts-judges-block-on-trumps-national-guard-deployment/

I don't think so. Title 10 is pretty clear.

 

[SeaMajor7]

No 3 judge panel. Final decision still pending.

Yesterday the District Court Judge issued a temporary stay of the Federalizatgion of the Guard, pending futher action to determine if it would be lifted or permenant.

The 9th Circuit lifed the temporary state temporarily and will get briefs and hear arguments on the 17th to determine if their lifting of the stay will remain (permenantly overturning the District Judge) or if they will lift their holding on the Disctrict Court judges order allowing it to go into effect.

WW

Your using the courts and LAWFARE is failing, and as usual, you are flailing.

 

[berg80]

Well that didn’t take long.

Not at all surprising. Breyer didn't make his ruling until had scheduled a hearing. The 9th Circuit essentially did the same thing.

 

[M14 Shooter]

I don't see 9th Circuit or SCOTUS either one, handing domestic control of National Guard over to the whim of a President, to just decide whether a Governor is doing the job for his state.

Based on what laws(s) and jurisprudence?

 

[TemplarKormac]

Title 10 requires the President to work with the governor for the state national guard.

No. It requires the governor to issue the order at the behest of the president.

 

[martybegan]

I suppose you know of the circumstances of his political rally with a chosen/screened audience of soldiers in defiance of military precedent but are not worried about that either, along with all the other worrying things.

And if he didn't "screen" them, you would complain people who didn't want to be there were forced to be there.

When you complain about anything he does, it neutralizes and valid complaints you may have about him.

But like most leftists you are too stupid and/or indoctrinated to figure that out.