The full 9th Circuit Court of Appeals voted Tuesday night to vacate a panel’s decision allowing the National Guard to deploy to Portland, and will rehear the case.
The 9th Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting judges to pen dire warnings about the incursion of the military into domestic life. The panel in that case, two Trump judges and a Biden one, had also reversed a district court block of the Guard’s deployment.
Tuesday’s vote won’t affect conditions on the ground in Portland, as the Guard never deployed despite the panel’s decision earlier this month. The Trump administration had, inscrutably, never appealed one of the district court’s temporary restraining orders blocking Guards from any state from deploying.
Read the 9th Circuit’s order here:
“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”
The 9th Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting judges to pen dire warnings about the incursion of the military into domestic life. The panel in that case, two Trump judges and a Biden one, had also reversed a district court block of the Guard’s deployment.
Tuesday’s vote won’t affect conditions on the ground in Portland, as the Guard never deployed despite the panel’s decision earlier this month. The Trump administration had, inscrutably, never appealed one of the district court’s temporary restraining orders blocking Guards from any state from deploying.
Read the 9th Circuit’s order here:
A “majority of nonrecused active judges” voted to vacate and rehear, per a brief order. A Circuit judge had requested the vote soon after a panel — composed of two Trump appointees and one Clinton appointee — last week blocked a lower court order protecting Portland from the deployment. In a scorching dissent from that ruling, Judge Susan Graber, the Clinton appointee, had asked her colleagues on the 9th Circuit to vacate the majority opinion.
“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”
The 9th Circuit declined to rehear a similar case out of Los Angeles, prompting the dissenting judges to pen dire warnings about the incursion of the military into domestic life. The panel in that case, two Trump judges and a Biden one, had also reversed a district court block of the Guard’s deployment.
Tuesday’s vote won’t affect conditions on the ground in Portland, as the Guard never deployed despite the panel’s decision earlier this month. The Trump administration had, inscrutably, never appealed one of the district court’s temporary restraining orders blocking Guards from any state from deploying.
Read the 9th Circuit’s order here:
