The full 9th Circuit Court of Appeals voted Tuesday night to overturn the panel’s decision allowing the National Guard to deploy to Portland, and will reconsider the case.
The Ninth Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting justices to issue dire warnings about the military’s incursion into domestic life. The panel in this case, consisting of two Trump judges and a Biden judge, had also overturned the district court’s decision regarding the deployment of the Guard.
Tuesday’s vote will not affect conditions on the ground in Portland, where the Guard was never deployed despite a commission decision earlier this month. The Trump administration, mysteriously, never appealed one of the district court’s temporary restraining orders barring the Guard from any state from deploying.
Read the Ninth Circuit’s order here:
“I urge my colleagues on this court to move quickly to overturn the majority’s order before an unlawful deployment of troops under false pretenses occurs,” she wrote. “Above all, I ask those who are following the developments of this case to maintain their faith in our judicial system for a little while longer.”
The Ninth Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting justices to issue dire warnings about the military’s incursion into domestic life. The panel in this case, consisting of two Trump judges and a Biden judge, had also overturned the district court’s decision regarding the deployment of the Guard.
Tuesday’s vote will not affect conditions on the ground in Portland, where the Guard was never deployed despite a commission decision earlier this month. The Trump administration, mysteriously, never appealed one of the district court’s temporary restraining orders barring the Guard from any state from deploying.
Read the Ninth Circuit’s order here:
A “majority of the unappointed serving judges” voted to vacate and rehear, by order of summary. A circuit judge had requested the vote shortly after a panel — made up of two Trump appointees and one Clinton appointee — blocked a lower court order protecting Portland from publication. In a strong dissent from that ruling, Judge Susan Graber, a Clinton appointee, asked her colleagues on the Ninth Circuit to vacate the majority opinion.
“I urge my colleagues on this court to move quickly to overturn the majority’s order before an unlawful deployment of troops under false pretenses occurs,” she wrote. “Above all, I ask those who are following the developments of this case to maintain their faith in our judicial system for a little while longer.”
The Ninth Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting justices to issue dire warnings about the military’s incursion into domestic life. The panel in this case, consisting of two Trump judges and a Biden judge, had also overturned the district court’s decision regarding the deployment of the Guard.
Tuesday’s vote will not affect conditions on the ground in Portland, where the Guard was never deployed despite a commission decision earlier this month. The Trump administration, mysteriously, never appealed one of the district court’s temporary restraining orders barring the Guard from any state from deploying.
Read the Ninth Circuit’s order here:
A “majority of the unappointed serving judges” voted to vacate and rehear, by order of summary. A circuit judge had requested the vote shortly after a panel — made up of two Trump appointees and one Clinton appointee — blocked a lower court order protecting Portland from publication. In a strong dissent from that ruling, Judge Susan Graber, a Clinton appointee, asked her colleagues on the Ninth Circuit to vacate the majority opinion.
“I urge my colleagues on this court to move quickly to overturn the majority’s order before an unlawful deployment of troops under false pretenses occurs,” she wrote. “Above all, I ask those who are following the developments of this case to maintain their faith in our judicial system for a little while longer.”
The Ninth Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting justices to issue dire warnings about the military’s incursion into domestic life. The panel in this case, consisting of two Trump judges and a Biden judge, had also overturned the district court’s decision regarding the deployment of the Guard.
Tuesday’s vote will not affect conditions on the ground in Portland, where the Guard was never deployed despite a commission decision earlier this month. The Trump administration, mysteriously, never appealed one of the district court’s temporary restraining orders barring the Guard from any state from deploying.
Read the Ninth Circuit’s order here:
