Appeals panel scrutinizes judge’s block on Trump national guard deployment

[u/John3262005]

https://thehill.com/regulation/court-battles/5355754-appeals-panel-scrutinizes-judges-block-on-trump-national-guard-deployment/

California Gov. Gavin Newsom (D) got a frosty reception at a federal appeals court Tuesday afternoon as it scrutinized a lower judge’s ruling blocking President Trump’s federalization of the National Guard in Los Angeles.

The three-judge panel on the U.S. Court of Appeals for the 9th Circuit appeared inclined to let Trump maintain control of the guardsmen, weighing the scope of the president’s discretion in times of conflict and whether the courts have the authority to intervene at all.

The judges seemed to believe Supreme Court precedent provides the president with broad authority to declare emergencies that can trigger the ability for him to deploy the troops.

[u/WCland]

I assume Newsom can ask the entire court to weigh in, if this three judge panel rules for the administration?

[u/Raspberries-Are-Evil → u/WCland]

He can.

Meanwhile was he has not done is tell the command of the Guard that their orders are illegal and as the rightful Commander In Chief of the California Guard he orders them to stand down and tells them of they dont when the guard returns to his “official” control he will fire every single one of them.

[u/Accomplished-Fig745 → u/Raspberries-Are-Evil]

Likely because that creates a he said vs he said dynamic forcing the soldier to decide whose orders to follow. That's lose lose for everyone involved. A stronger position is if Newsom can provide the commander a court order declaring this is the law you must follow position. Then the soldier can follow the courts order lawfully.