A federal appeals court panel on Thursday temporarily lifted a judge’s order that limited the operations of National Guard troops President Trump activated in Los Angeles.
The terse order from the 9th U.S. Circuit Court of Appeals indicated it is only to provide the panel more time to rule on the administration’s request for an indefinite pause and does not reflect a decision on the merits of the case.
U.S. District Judge Charles Breyer ruled Tuesday that the National Guard troops were violating the Posse Comitatus Act, an 1878 law that generally bars federal military troops from participating in civilian law enforcement.
Breyer did not force the troops in Los Angeles to leave and permitted them to continue protecting federal property. But the judge limited the troops’ ability to go elsewhere to make arrests and conduct certain other operations.
“The district court's order impinges on the Commander in Chiefs supervision of military operations, countermands a military directive, and puts federal officers (and others) in harm's way,” the government wrote in court filings.
Trump deployed thousands of National Guard troops to Los Angeles in June as immigration protests erupted that turned violent at times. Most of the troops have since been sent home, though 300 remain.
California Gov. Gavin Newsom (D) and the state’s attorney general have challenged the deployment as unlawful.
Near the onset of the case, Breyer agreed that Trump didn’t follow the proper procedure in federalizing the troops and had to return control to Newsom. But the 9th Circuit quickly intervened, putting that order on hold.
Thursday’s order marks the second ruling Breyer has issued that the 9th Circuit has stepped in to halt, at least temporarily.
The three-judge panel comprised Mark Bennett and Eric Miller, both nominated to the bench by Trump, and Jennifer Sung, nominated by former President Biden.
The developments come as Washington's Democratic attorney general commences a legal battle over Trump's activation of the National Guard in the nation's capital to combat crime.
Trump has also threatened to send troops into Chicago and other Democratic-led cities.
Source: The Hill - News
