Originally published at: 9th Circuit Vacates Trump Judges’ Ruling Allowing National Guard Troops To Deploy To Portland
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. 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 —…
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So after the 9th Circuit rules against the Authoritarian Alpha Hotel sending the Guard to Portland, the administration immediately appeals to the Calvin ball 6 Supremes. Then what?
Do you follow the Constitution and p*ss off the MAGA cult? Or give the Orange POS authority to deploy the Guard and you hand that power over to the next Democratic Administration.
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The only hope there might be that enough of them will realize that rewarding repeatedly lying to the lower courts isn’t something they should condone. Of course, they’ve been happy to repeatedly sign on to patently false right wing legal arguments, so don’t hold your breath.
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“The Trump administration had, inscrutably, never appealed one of the district court’s temporary restraining orders blocking Guards from any state from deploying.”
Looks pretty scrutable to me. They’re a sloppy blend of the Gestapo and the Keystone Kops. DOJ’s too busy with a constantly growing rubbish heap of vindictive prosecutions to keep track of how many injunctions against Trump’s criminality they need to be appealing.
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A win is a win, however small and perhaps temporary. Here in Portland, we’ll take it.
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About fucking time. Someone, anyone needs to stop this fucking insanity. I applaud this en banc review and ruling.
This needs to be the precedent going forward on un-solicited National Guard deployments, if Federalism means anything.
The corrupt SCOTUS should NOT be permitted to overrule findings of fact and en banc rulings by multiple circuits. They should only review cases of original jurisdiction - disputes between the states. There is ZERO dispute between CA and OR.
The Supreme Court judges are not Gods, just (mostly) corrupted politicians nominated by deeply flawed Presidents, in a big, largely empty, ugly Temple of Injustice.
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I doubt there will be a next Democratic Administration. Hope to hell I’m wrong.
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Vacatur has the advantage over injunctions to stop doing something in that there is no balancing required of the court. You guys didn’t do things properly, so go back and try again or go away.
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Neither. You give the Orange One the authority in a decision on the shadow docket and it doesn’t count as a precedent.
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Calvin ball 6 indeed.
Whatever makes you think the next Democratic Administration will be allowed to exercise that power, summer child?
The only rule of Calvin ball is that there are no fixed rules and all rules are instantly mutable. It is obvious that upon the inauguration of a Democratic President all Presidential Immunities and Authorities will instantly be null and void.
As Josh M. noted yesterday, Court reform must be at the top of the agenda when Democrats take back the Legislative Branch. One reasonable proposal is to expand the Supreme Court to 13 members, and make the members ride the circuit. I’d write that to mean that Supreme Court Justice comes with an ex officio position of Chief Judge for a District Court of Appeals. (Now, I’d further interpret that to mean that said justice should have some prior affiliation with their district, and preferably a long-standing affiliation–that is, education, employment, and residence.) Further, limit SCotUS to cases of original jurisdiction–remove them from the appellate process entirely. We would have to create a new mechanism for handling Circuit splits, but them’s the breaks.
Me too, Ollie.
Unless the Calvin Ball 6 want it to count as a precedent, in which case the District and Circuit Courts should have read the Justices’ minds and figured out that the shadow docket note really was binding. They’ve already written that sort of nonsense in some shadow docket rulings.
On reflection, that’s how they’re going to play Calvin ball here.
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The latter, of course. Dems don’t know how to use power, lol.
Well, they did have a lawyer in charge of tracking that but they had to let her go - she wouldn’t get the required collagen injections… 
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A proposed alternate Appelate process - we live in the 21st Century. Confine the SCOTUS to Original Jurisdiction. The alternate process to SCOTUS review could be entirely electronic and could consist on a en banc review of the appeal by the ENTIRE Court of Appeals - ALL 179 judges.
They could review the opinions electronically, debate the issues over a web blog and then vote whether to take the case and if they take it, whether to confirm or overrule. It would be both more democratic and more in conformance with the spirit of jurisprudence.
The current SCOTUS where nine hand-picked political Justices have the last word, AND have shown considerable contempt for the whole rest of Judiciary is just insane and unjust. Josh is right, It needs to change.
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One reasonable proposal is to expand the Supreme Court to 13 members, and make the members ride the circuit.
I said that a while back!
And it’s true, they need more work and less time coming up with ways to screw the Constitution. And it might make some of them a bit more humble, too.
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Maybe there’s balm in Gilead.
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One or two maybe, but who ever imagined we would have five? I think it was accomplished with cash.
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