Nakedly partisan judge rules against Administration on National Guard issue.

Ninth Circuit Court issues temporary stay till they hear the case next week

Judge Breyer said the violence in Los Angeles falls "far short" of the "rebellion" Trump described to justify calling in the troops. And he said Trump's use of the military over the actions of "stray bad actors" was "untenable and dangerous.

This is quite literally a district court judge overruling the executive branch's judgement as to what does and does not constitute a security need that involves the safety of United States citizens and federal law enforcement . While this isn't exactly a judge overruling military decisions in war-time, it is 90% of the way there.

One of nearly 700 district court judges decided that the President was "wrong" in his reasoning for taking control of the National Guard to squelch the violence in Los Angeles, and to protect federal law enforcement that has been under siege. He decided to get involved in a political dispute between a Governor and President, where the President (not the Governor) has the specific authority both by law and by constitutional authority. The laws used by the President to take control of the National Guard do not include any terms of "judicial review" and no such "judicial review" should happen. Sure, he suggested that there "might" have been some technical steps taken that he believed were incorrect, but those were obviously trivial simple things that would be easily corrected. The beef of the ruling was about how this Judge told a President that he was wrong in his judgement.

These are national security issues to which the Commander in Chief is provided with both unparalleled information and unparalleled authority. The judge's expertise it supposed to be the law and only the law. There are no circumstances, ever, where a judge is supposed to make any judgements on national security concerns, much less overrule the top executive Commander in Chief on these types of issues. The fact that District Judges actually dare to believe they have such authority is why we are in the crisis state we are right now with the judicial branch. Never before have I see the judicial branch under so much fire and never before have I seen these district court judges seem willing to burn the system to the ground, rather than cede their own delusions of power. Sadly, this is not something happening by accident. These activist judges were put in place exactly for this reason.

The Ninth Circuit Court provided the stay of the ruling here and are slated to hear arguments next week. The fact that they stayed the ruling prior to the hearing might be due to the fact that there seems to be a much better chance at harm coming from the National Guard having to step back in the face of these riots, than there is from them having to remain under federal control and in peacekeeping mode. Ultimately, the National Guard in this case was not creating any sort of emergency that needed a emergency hearing. The only emergency was the political optics that were harming Governor Newsom.

I suspect that the stay might also mean that the Ninth Circuit Court is going to be taking this a bit more seriously than the District Court judge did. I believe they will take this case with an eye on how the USSC might ultimately rule if they also decide to favor Newsom. I tend to believe that unlike most of these District Courts who couldn't care less about appeals, the Circuit Courts do not like being overruled. Especially on politically charged issues that are undermining the legitimacy of the entire judicial branch.