By Bob Walsh
Acting at about 5 p.m. on
Thursday the U S District Court in LA ruled that President Trump had
exceeded his authority in taking control of the CA National Guard. The
two or three professional court watchers I listened to were surprised by
that. The law is over 200 years old and has been used a fair number of
times over the OBJECTIONS of the state governors. The one most people
my age remember best is when Johnson ordered out the guard to enforce
the integration of school orders.
Trump
will certainly appeal pretty much immediately to the Ninth Circuit
Court of Appeals. It is likely this will end up before SCOTUS, probably
on an expedited basis.
I
wonder right now if Newsom will order the guard to stand down and if
Trump will say NO, STAY PUT and what the guard commander will do in that
case. This will be one for the history books.
ADDENDUM: A
three judge panel of the Ninth Circuit Court of Appeals stayed the U.S.
District Court order directed President Trump to return control of the
CA National Guard to Governor Newsom until at least Tuesday of next
week. At that time the Ninth Circuit will further examine the issue.
It is virtually certain that whoever looses will appeal to SCOTUS.
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