Appeals court in San Francisco to hear arguments in National Guard deployment in Los Angeles

San Francisco Appeals Court to Review National Guard Deployment in Los Angeles

SAN FRANCISCO (AP) — On Tuesday, a federal appeals court in San Francisco is set to listen to arguments regarding the Trump administration’s necessity to hand back control of National Guard forces to California. These forces were originally deployed following demonstrations in Los Angeles spurred by immigration raids.

The session follows the 9th U.S. Circuit Court of Appeals’ recent decision to temporarily halt a lower court’s order, which demanded President Donald Trump to cede command of the troops back to the governor who had initiated legal action in response to their deployment.

The three-judge panel is set to hear oral arguments via video starting at noon, and protests outside the downtown San Francisco court are expected.

In San Francisco last week, U.S. District Judge Charles Breyer deemed the National Guard’s deployment illegal, asserting it overstepped Trump’s statutory authority. His ruling solely addressed the National Guard soldiers and did not extend to the Marines, who were likewise sent to Los Angeles.

The Trump administration argued the deployment was necessary to restore order and protect federal buildings and officers.

In his lawsuit, Gov. Gavin Newsom accused the president of inflaming tensions, breaching state sovereignty and wasting resources. The governor calls the federal government’s decision to take command of the state’s National Guard “illegal and immoral.”

Newsom filed the suit following days of unrest as demonstrators protested against federal immigration raids across the city.

The judge ruled the Trump violated the use of Title 10, which allows the president to call the National Guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is unable “to execute the laws of the United States.”

Breyer, who was appointed by former President Bill Clinton, said in his ruling that what has been happening in Los Angeles does not meet the definition of a rebellion.

“The protests in Los Angeles fall far short of ‘rebellion,’” he wrote. “Individuals’ right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone.”

The National Guard hasn’t been activated without a governor’s permission since 1965, when President Lyndon B. Johnson sent troops to protect a civil rights march in Alabama, according to the Brennan Center for Justice.

You May Also Like

Israeli medics train US synagogues how to respond to attacks, as high holidays approach

Israeli Medics Train US Synagogues for High Holiday Attacks

Jewish communities throughout the United States are increasing security protocols and stepping…
Saylor Hayes' mom seen in video telling locals her non-verbal daughter is missing, praying she 'fell asleep'

Video Shows Saylor Hayes’ Mom Pleading for Help After Nonverbal Daughter Goes Missing, Hoping She ‘Fell Asleep’

Before five-year-old Saylor Hayes was discovered dead in a South Carolina waterway,…
Dramatic video shows SWAT vehicle ramming tractor during tense Oregon standoff

Tense Oregon Standoff Video Shows SWAT Vehicle Ram Tractor

Newly released video shows the tense moment a SWAT vehicle rammed into…
15-year-old accused of firing into crowd during deadly Seattle mass shooting claims self-defense

15-Year-Old Suspect in Deadly Seattle Mass Shooting Claims Self-Defense After Crowd Gunfire

A 15-year-old boy charged in connection with a deadly shooting at a…
Women are getting creative amid the estrogen patch shortage

Estrogen Patch Shortage Leaves Women Scrambling for Relief

Elizabeth Borsting had been using hormone replacement therapy for about 18 months…
California declares Dolly Parton Day on Sept. 25 in honor of country legend

California Proclaims Sept. 25 Dolly Parton Day to Honor Country Music Icon

California is putting Dolly Parton in the spotlight with a tribute fit…
Judge in accused assassin Tyler Robinson's case explains why death penalty remains on table in written order

Judge Explains Why Tyler Robinson Still Faces Death Penalty

PROVO, Utah — In allowing prosecutors to continue pursuing the death penalty…
How long could the Lindsay Clancy jury remain deadlocked? Karen Read hung jury provides comparison.

Lindsay Clancy Jury Deadlock: Karen Read Case Offers Clues

Jurors in Lindsay Clancy’s murder trial informed the judge on Tuesday, and…
Leftists Hardest Hit After Eye-Raising Poll Drops Stunning Generic Congressional Ballot Numbers

New Generic Ballot Poll Delivers Blow to Democrats

As the midterm elections draw nearer, a steady stream of new polling…
SEC files suit vs. LSU over school's intent to play pro athletes

SEC Sues LSU Over Plan to Play Professional Athletes at School

The SEC took legal action against LSU on Thursday, filing a federal…
Burning Man stabbing case has new details emerge: officials

New Details Emerge in Burning Man Stabbing Case, Officials Say

One year after a man was found fatally stabbed inside a tent…
15 people rushed to hospital after possible 'chemical exposure' triggers chaotic scene at Iowa prison

15 Hospitalized After Possible Chemical Exposure Sparks Emergency at Iowa Prison

At least 15 people were taken to hospitals Wednesday after authorities reported…