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

[martybegan]

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

Actually I read it as it requires to issue the order TO the governor telling said governor that the feds are taking charge.

It's why Kennedy was able to order the Commanding General at Alabama to inform Wallace to move his dumb grandstanding ass.

 

[TemplarKormac]

Actually I read it as it requires to issue the order TO the governor telling said governor that the feds are taking charge.

It's why Kennedy was able to order the Commanding General at Alabama to inform Wallace to move his dumb grandstanding ass.

Hm.

I'll have to reread it then.

 

[1srelluc]

I suspect that the 9th Circus knows that by the time all the motions are filed the "troubles" will be over.

 

[martybegan]

I suspect that the 9th Circus knows that by the time all the motions are filed the "troubles" will be over.

If it finds for Newsom that means that Kennedy was wrong when he did it, same as Eisenhower.

 

[M14 Shooter]

It's why Kennedy was able to order the Commanding General at Alabama to inform Wallace to move his dumb grandstanding ass.

A moment Democrats are proud of, BTW.

 

[Care4all]

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

Right...and did that happen? Yea or nay?

 

[Blaster]

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.

 

[TemplarKormac]

Actually I read it as it requires to issue the order TO the governor telling said governor that the feds are taking charge.

It's why Kennedy was able to order the Commanding General at Alabama to inform Wallace to move his dumb grandstanding ass.

The text reads "shall be issued through." Through implies that the governors are compelled to issue the order once the president invokes his Title 10 powers.

This means that the president can compel state governors to deploy the guard.

10 USC 12406:

"Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia."

 

[Blaster]

Another defeat for Newsom.

 

[TemplarKormac]

Right...and did that happen? Yea or nay?

How else was the guard deployed? Trump can't directly order the guard to deploy; he must first inform the governor of the state of his intentions to invoke Title 10 and federalize the guard, which he did. In that case, the governor must step aside and allow the troops to be used as the president sees fit.

You don't try to look beneath the surface, do you?

 

[M14 Shooter]

The text reads "shall be issued through." Through implies that the governors are compelled to issue the order once the president invokes his Title 10 powers.

This means that the president can compel state governors to deploy the guard.

10 USC 12406:

"Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia."

You are correct.
Under a title10 activation, the governor is still in the chain of command, but takes his orders from the President.
Under a Title 32 activation, the governor may as well not exist.

 

[Darkwind]

The 9th Circus doesn't know the law either.

Who'd-a-thunk.

Yeah, I miss-read that too. It was late and I had a very long day. Should not have been posting about this until I had some sleep.

This judge actually ruled that the NG will remain IN Trumps control.

 

[Blaster]

Judge Breyer is eating humble pie now.

 

[Captain Caveman]

US court allows Trump to keep control of National Guard in LA

Trump deployed the troops in response to protests in the city, despite objections from city officials and California's governor.

www.bbc.com

• • 20 June 2025, 12:30 BST

A US appeals court has ruled that President Donald Trump can keep control of National Guard troops he deployed to Los Angeles, despite objections from city leaders and California Governor Gavin Newsom.

Trump deployed the troops in response to widespread protests against his immigration crackdown. Local officials called it an unnecessary provocation.

A three-judge panel on Thursday said he was within his rights to order the troops into service to "protect federal personnel... [and] property". Trump called it a "big win".

 

[drudge X]

US court allows Trump to keep control of National Guard in LA

Trump deployed the troops in response to protests in the city, despite objections from city officials and California's governor.

www.bbc.com

• • 20 June 2025, 12:30 BST

A US appeals court has ruled that President Donald Trump can keep control of National Guard troops he deployed to Los Angeles, despite objections from city leaders and California Governor Gavin Newsom.

Trump deployed the troops in response to widespread protests against his immigration crackdown. Local officials called it an unnecessary provocation.

A three-judge panel on Thursday said he was within his rights to order the troops into service to "protect federal personnel... [and] property". Trump called it a "big win".

The judges can see that peaceful protest is a leftist myth.