The Ninth Circuit Court of Appeals on Thursday night granted an administrative stay and allowed President Trump to keep the National Guard deployed in Los Angeles… for now.
The three-judge panel included: Mark Bennet (Trump), Eric Miller (Trump) and Jennifer Sung (Biden).
Earlier Thursday, a federal judge in San Francisco on Thursday ordered President Trump to return control of the National Guard back to California.
Earlier this week about 700 US Marines were mobilized in response to the violent Los Angeles riots.
This is after Trump deputized 4,000 National Guard Troops to help quell the riots.
California’s far-left Governor Gavin Newsom sued President Trump and said he violated the 10th Amendment to the Constitution.
US District Judge Charles Breyer, (brother of retired SCOTUS Breyer), a Clinton appointee, granted Newsom a Temporary Restraining Order (TRO) and said Trump’s decision to federalize the National Guard was illegal.
Judge Breyer called President Trump’s actions “illegal” in a 36-page order.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith,” the judge wrote.
The Trump Administration appealed Judge Breyer’s decision to the Ninth Circuit Court of Appeals.
The Ninth Circuit immediately sided with Trump and granted an administrative stay.
