The 9th Circuit Court of Appeals ruled Friday that President Trump's deployment of California National Guard troops last year was unlawful and unconstitutional. The ruling also blocks a way for the president to federalize state troops over California’s wishes again in the future.
President Trump illegally usurped Gov. Gavin Newsom’s command of the California National Guard by ordering a surge troops deployed into Los Angeles and across the state amid protests against the White House’s mass deportation program last year, the 9th Circuit Court of Appeals ruled Friday.
The 2-1 decision split the president’s own appointees to the court, with Judge Eric D. Miller of Seattle siding with Judge Jennifer Sung of Portland, Ore., a Biden pick, and Judge Mark J. Bennett of Honolulu dissenting.
“The order exceeded the President’s statutory authority and encroached on Congress’s calling forth power, in violation of the constitutional separation of powers,” Sung wrote for the majority, calling Trump’s order “unconstitutional.”
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