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9th Circuit rules that National Guard can deploy to Portland (www.npr.org)

submitted 8 months ago by cm0002@lemmy.zip to c/usa@midwest.social

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A divided federal appeals court for the 9th Circuit today overturned a temporary restraining order put in place by a federal judge in Portland – removing the legal impediment that was preventing the Trump Administration from sending National Guard troops to Portland.

"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when 'the President is unable with the regular forces to execute the laws of the United States,'" the majority wrote in their decision.

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[–] DragonTypeWyvern@midwest.social 10 points 8 months ago* (last edited 8 months ago)

What an interesting justification that pretends it means the President can use the Guard for anything the military is specifically banned from doing.