Ninth Circuit Mulls How Far the White House Went in Deploying Troops to LA

Originally published at: Ninth Circuit Mulls How Far the White House Went in Deploying Troops to LA - TPM – Talking Points Memo

A panel on the Ninth Circuit Court of Appeals seemed inclined on Tuesday to keep President Trump in charge of the California National Guard, with judges pressing into just how little justification the White House needs to provide for sending troops into American cities. The arguments reached their peak early on when Brett Shumate, assistant…

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If POTUS gets to decide that there is problem anywhere in the US, and thus has the authority and power to mitigate the problem with the National Guard then why do we need judges. These three seem to want to willingly hand over more power to someone who has a proven record of lying.

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Lip filler gone bad? Or has some silicone shifted?

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D’OH!

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Both sides presented their arguments about as poorly as they possibly could have, but I’m particularly disappointed with the state’s presentation. Just defend the district court’s very detailed opinion! There was no need to retreat into a bunch of esoteric gobbledygook.

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Did someone try and give her the Cricket Treatment?

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Well since there doesn’t seem to be a nationwide lock down…I’d say no.

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Could be. It was listed as “an allergic reaction.” Under most circumstances, one’s impulse would be to wish the best for the victim, but these people? It reminds me of the old rhyme:

“He loveth best who loveth most,
All creatures, great and small.
The streptococcus is the test –
I love him least of all.”

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Did you learn that phrasing in law school?

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In normal times I’d actually be quite sympathetic to an administration arguing that this is not reviewable. Courts are generally quite poorly positioned to make determinations of the sort called for here, and second guessing a president’s judgment on these matters is a big ask.

In normal times.

But here we again have a situation of judges willfully missing the forest for the trees and treating obvious bad faith as though it is entitled to the normal level of deference.

EVERYONE knows this is a transparently political ploy. EVERYONE knows it is aimed at suppressing first amendment activity with which the administration disagrees. EVERYONE knows it is about cosplaying a civil war against blue states and chilling dissent.

Judges need to stop feeling like they have to ignore reality in favor of polite legal fictions.

Perhaps they can’t stop him. But they shouldn’t engage in a mummers dance to pretend that this is about anything other than subjugating an opposition political party.

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Taught by the late Antonin Scalia?

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“Secretary Noem had an allergic reaction today. She was transported to the hospital out of an abundance of caution. She is alert and recovering,” said DHS spokeswoman Tricia McLaughlin.

Some asshole must have sprinkled her with holy water.

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How surprising. I’ve never known him to be a totally irredeemable asswipe. Have you?

Oh, well, perhaps tomorrow will be the day he “becomes Presidential.”

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It’s going to end up as deference to the President and it’s his solely his decision - same as for the Posse Comitus and the Marines. No judge is going to say the President can’t do it and all the angels dancing on the head of a pin about “rebellion” won’t change that fact.

Only way to fix it would be to pass a new law requiring and Act of Congress to allow use of active duty military within the US, and that will never happen.

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Why do I think we’re soon going to get an answer to that question?

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The lawlessness continues. I still hold out hope that the Big Macs and Diet Cokes will save the country.

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Botox issue maybe?

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Now, don’t be a bunch of bullshitters. We’re all hoping she dies.

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