Original article by Brad Reed republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
In a dissent, Judge Susan Graber accused her 9th Circuit colleagues of eroding “core constitutional principles.”
Two federal judges are giving President Donald Trump the green light to send National Guard troops into Portland, Oregon on Monday.
The US Court of Appeals for the 9th Circuit granted the US Department of Justice’s (DOJ) request to put a hold on US District Judge Karin Immergut’s earlier order blocking deployment of the National Guard to Oregon’s largest city.
The two judges who ruled in the DOJ’s favor were appointed by Trump, while the lone dissenter in the case, Judge Susan Graber, was appointed by former President Bill Clinton.
The court’s majority ruled that the protests outside the Portland Immigration and Customs Enforcement (ICE) facility were sufficiently disruptive to justify deploying the National Guard, despite the fact that demonstrations outside the facility in recent weeks had not disrupted operations.
Judge Ryan Nelson, one of the Trump appointees, went so far as to issue a concurring opinion stating that the president’s right to deploy the National Guard, even over the objections of state and local officials, cannot be reviewed by the judiciary.
In a scathing dissent, Graber noted that “the record contains no evidence whatsoever that, on September 27… ICE was unable either to protect its Portland facility or to execute the immigration laws it is charged with enforcing.” This is relevant, she said, because the law states that the president may only deploy the National Guard “to repel a foreign invasion, quell a rebellion, or overcome an inability to execute the laws.”
Graber then accused her colleagues of eroding “core constitutional principles, including sovereign states’ control over their states’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions.”
Graber’s argument echoed a ruling made earlier this month by Immergut, who was also appointed to the bench by Trump and who said his declarations that violent protests at the Portland ICE facility prevented the enforcement of the law were “untethered to facts.”
Sandy Chung, executive director of the ACLU of Oregon, said in a statement responding to the ruling that “we are very disappointed that the majority on this 9th Circuit panel were unable to see through President Trump’s political theater, divisive rhetoric, and extreme abuse of power and misuse of our military.”
“The fact remains that Portland is peaceful,” Chung added. “Portland protesters have shown a remarkable level of humor, creativity, and community care in the face of this administration’s persistent and violent abuses of power. Inflatable frog and unicorn costumes, bike rides, and musical events are hardly a threat or reason to take the extremely dangerous and anti-democratic action of sending American troops into our communities.”
In addition to Portland, Trump is also seeking to send National Guard troops to Chicago over the objections of both Mayor Brandon Johnson and Illinois Gov. JB Pritzker. The administration has appealed that case to the US Supreme Court.
This article has been updated with comment from the ACLU.
Original article by Brad Reed republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).
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