Don’t have a lot of time to analyze it, but it’s the “crisis’ we knew would happen – the judiciary preventing the president from protecting national security.
A federal judge in the Northern District of California has issued a Preliminary Injunction against the Trump administration’s federalization of the California National Guard finding that the statutory grounds were not met:
“The protests in Los Angeles fall far short of “rebellion.” Defendants refer repeatedly to “violent rioters,” and “mobs,” see, e.g., Opp. at 1, and so the Court pauses to state that there can be no debate that most protesters demonstrated peacefully….While Defendants have pointed to several instances of violence, they have not identified a violent, armed, organized, open and avowed uprising against the government as a whole. The definition of rebellion is unmet. “
Appeal and Emergency Motion for Stay filed with 9th Circuit.
“The district court has entered an unprecedented order enjoining the President from deploying National Guardsmen to protect federal officers from ongoing violent protests and attacks, and to protect federal property from further damage. That order is an extraordinary intrusion on the President’s constitutional authority as Commander in Chief to call forth the National Guard as necessary to protect federal officials, as well as his statutory authority under 10 U.S.C. § 12406 to mobilize state National Guards into federal service. This Court should immediately stay the order pending appeal….The district court’s order improperly impinges on the Commander in Chief’s supervision of military operations, countermands a military directive to officers in the field, and puts federal officers (and others) in harm’s way. The balancing of harms thus weighs strongly in favor of interim relief pending appeal and/or mandamus, and this Court should also grant an immediate administrative stay pending consideration of this motion. Defendants-appellants respectfully request that this Court act on the motion no later than 9:00 pm PST today, June 12, 2025, to permit the Solicitor General to seek immediate relief in the Supreme Court, if necessary, before the expiration of the temporary stay issued by the district court at noon tomorrow, June 13.”
The 9th Circuit Court of Appeals has issues a temporary stay of the order pending further briefing, with an appellate hearing on June 16.
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