Originally published at: 9th Circuit Rules for Trump, Allows National Guard to Deploy to Portland
A 9th Circuit Court of Appeals panel ruled for the Trump administration Monday, allowing the Oregon National Guard to deploy to Portland while the case continues. It was a 2-1 split, with the two Trump appointees overturning the district court’s conclusion that the conditions on the ground did not fulfill the statutory requirements to deploy…
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I really need to see the breakdown of costs here. How much taxpayers’ monies is being eaten up/ wasted by court cases, transportation of NG, and accommodations for NG.
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I guess this was the administration’s response to Saturday’s events.
We demanded no kings, but we have one anyway, apparently.
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Is fascism a required class in our law schools, or are our judges picking it up on their own?
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The ones appointed by him seem to be falling right in line. As others have noted, this is the worst timeline. And, not only, but also, “But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.” This is the whole of this "administration” in a nutshell.
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The plain facts are staring the judges in the face. The situation on the ground in Portland is NOT worse than Chicago. Portland is a calm, peaceful city of 645K vs Chicago’s gritty, urban 2.7M. (A fact, not that there’s anything wrong with Chicago.) It is demonstrably NOT worse. Judges have a responsibility to be educated about the facts of the situations they are judging. That Chicago will not have NG deployment and Portland will is a travesty. Hoping the 9th Circuit en banc will act promptly.
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Trump has simply polluted and corrupted enough of the federal judicial system to practically guarantee that eventually the courts (including the 6-3 Supremos) will rubber stamp his every despotic or reactionary wish.
This action by the Ninth Circuit, by a 2-1 majority of Trump-appointed judges, is discrediting the whole judicial system in Trumpistan, and rendering Trump’s entire regime illegitimate.
Josh’s eloquent and penetrating editorial today speaks of the eventual overcoming of the Trumpist tyranny. And I fully agree with what he has to say about the foundational, enduring appeal of the “No Kings” slogan–it goes right back to the 1770s, when North American Britons were throwing off centuries of royalist indoctrination and renouncing kingship. That’s what delegitimation means.
Fighting an illegitimate judiciary that’s backing up an increasingly illegitimate executive (and a legislature that’s prostituted itself to a tyrannical executive) is a Big F… Deal, historically. I don’t know where this going to lead nor how it’s going to end; I’m not crying “We’re doomed!”, but I’m not underestimating the magnitude of the task ahead of us, nor the length of the dangerous road that we’ll have to tread.
It is indeed helpful–hopeful–that “No Kings” is the banner under which we’re fighting this necessary struggle. May it resonate with all our dim historical traditions.
I can only say that a thorough cleansing of the judicial system–“purging it” isn’t too drastic a word, if we set aside the Stalinist implications–is high on the list of goals at which we must aim if there is to be a restoration of republican democracy in what we used to call the Great Republic.
This is a grim and solemn moment. May We the People–we the sovereigns of this no-kings land–rise to the occasion.
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Did anyone else attend the naked bike rides last weekend?
The question above is misleading and meant only to be funny, I live in Chicago and we did that in the Midwest it would show the stick up our butts that prevent us from doing anything like that.
But or butt, to the two in the 9th circuit, while nobody is talking about it we should be honest that what we are seeing is two Trumpees auditioning for the next opening for an injustice on the Republican Supreme Court.
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What is the composition of the entire 9th Circuit Court? I always thought it was rather liberal.
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It would be one thing if they simply ruled that the Trump regime has the right to send in the troops. But, to show their true colors and argue that the “conditions” (apparently those are defined by Trump’s brain) are worse in Portland than Chicago shows a wilful decision to jump on the fascist bandwagon and insinuate themselves with MAGA world.
I live in Portland. Any “trouble” here is being created by ICE and their random use of tear gas and baton charges against people dressed in inflatable costumes whose most disturbing conduct is taunting the masked goons. For chrissakes, ICE has helicopters circling the ICE building (in a residential neighborhood) all night, driving residents crazy with sleep deprivation. It’s like something out of a provocation training manual.
Plus, they do shit like this. It’s fucking crazy and really dangerous. But, that’s what they want.
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Two of three judges were appointed by the Criminal Rapist and agreed with the third that depicting Portland as a war zone was “utter nonsense” but voted to let it happen anyway.
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So can this be appealed to the full 9th Circuit Court? If so, what is the likelihood it will be heard? I have tried in vain to find an answer to that in several news articles but haven’t yet seen anything that explains one way or the other.
I am far beyond thinking it will make a difference to the lying fascists on the Supreme Court, but still hoping that the longer things are pushed back the better. At some point delay has to be seen as winning because - at the moment - it is all we have.
Oh, and today as always sounds like a good day to release the Epstein files.
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Yes, it can, and most certainly will, be appealed to the full 9th Circuit. Both the state of Oregon and the city of Portland I believe have standing to file an appeal. And, I’m certain they will.
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Only the “active” Circuit Judges (not the Senior Circuit Judges) can vote on the en banc decision that Judge Graber is urging the “full” court to take to overturn this absurd panel decision. Although Trump appointed a number of 9th Circuit judges, the breakdown of active Circuit Judges by presidential party appointment is 16 Democratic, 13 Republican:
Clinton - 3
GWBush - 3
Obama - 5
Trump - 10
Biden - 8
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Shorter two Trumpies on the 9th circuit: Yes kings, motherfuckers.
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As good old Upton Sinclair wrote, “It is difficult to get a man to understand something when his salary [livelihood, career, etc.] depends upon his not understanding it.”
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I live in Portland. If National Guard troops occupy any part of the city, the protests will escalate exponentially. The good news is this means more inflatable critters will be hitting the streets. The bad news remains to be determined.
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Thanks for the confirmation – That is what I had figured / hope , and did just now find an updated news report that said both had filed for an en banc hearing.
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JM’s latest on the Subtle Genius of No Kings is good. One additional thing he doesn’t mention: It seems to have provoked Trumpworld into saying, explicitly, over and over: “Yes Kings.” They are making Yes Kings their brand. Trump wearing a crown in his dumbass video shitting on No Kings folks. Scott Bessent saying “No Kings means no paychecks.” Wee pathetic Mike Johnson saying “If Trump was a king the government would be open.” And “If Trump was a king you wouldn’t be having that rally on the Mall,” when it’s bleeding obvious that their plan is to crush/disallow such demonstrations. The 9th circuit saying the judiciary has no say over Trump sending troops against peaceful civilian populations.
No Kings v Yes Kings is a good fight to be having.
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This will be overturned en banc, even some Trump judges do not go along with this crap. The real problem is that this is headed to the SC, it’s possible they will try to hustle this there based on the 7th and 9th disagreeing in their decisions…it’s really not clear if the SC will stop what is obviously an unlawful move to use the military against civilians, they may do their usual two step to allow Trump to do whatever he wants while they wait to hold arguments.
The NG troops really should understand that they are being used as backup to the ICE thugs being deployed to do bad things. If the NG sits on ICE facilities, that clears the way for ICE to go out and cause more problems in the community, where they can be lawless and not face consequences. The really sad thing is that I see conservatives who are claiming that the NG is “cleaning up crime” and “things are so great now” (this is coming from Memphis), which completely ignores the fact that the military should not be deployed for crime fighting. They would have lost their shit if it was done under Obama or Biden, but they are just fine with it, especially when it’s aimed at people they don’t like. A bunch of false patriots, that’s what they are.
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