Ninth Circuit ERUPTS! Rogue Judge Tries to Block Trump’s National Guard!

Quick Overview

The Ninth Circuit Court of Appeals ruled against the plaintiffs, concluding that the federal government is likely to prevail on the merits regarding the President's authority to federalize the Oregon National Guard, finding the district court erred by discounting the severity of unrest and failing to apply proper deference to the President's determination under 10 U.S.C. § 12406(3).

Key Points: The Ninth Circuit determined the federal government is likely to prevail on the merits concerning the President's authority to federalize the Oregon National Guard. The District Court erred by discounting the importance of the mob violence occurring in mid-June and failing to give appropriate deference to the President's determination. The District Court's finding that the denial of resources meant the President could not invoke 10 U.S.C. § 12406(3) was deemed incorrect; the court failed to consider evidence of the PPB's own limitations. The court noted that the District Court's definition of 'rebellion' was overly narrow, failing to encompass instances like the Whiskey Rebellion, which involved less organized activity. The District Court’s finding that the President relied in part on significant violence and arrest data from mid-June (A84-88) was questioned, as the President made the determination three months later. The District Court's disagreement with the President's determination amounted to the sort of 'routine error' in statutory interpretation, which is insufficient to support an ultra vires claim. The Court confirmed that the President's action was independently warranted under 10 U.S.C. § 12406(2) because the President reasonably explained that 'protests or acts of violence' directly inhibit the execution of laws, constituting a form of rebellion or 'danger of a rebellion'.

Context: The video features a legal commentator discussing a ruling by the Ninth Circuit Court of Appeals in the case of State of Oregon, et al. v. Donald J. Trump, et al., concerning an emergency motion to stay the federalization of the Oregon National Guard. The commentator analyzes the appellate court's reversal of a lower court decision, focusing on the proper standard of review for presidential determinations regarding the use of the National Guard under federal law.