Ninth Circuit to allow Trump to send troops to Portland in blow to pro-crime Democrats!

We are engaged in a battle here between pro-law and pro-crime.

I would argue that this ruling was a bit unexpected coming from the Ninth Circuit Court. But in a 2-1 decision the court decided that the Judge in this case ignored the evidence before the court regarding the civil unrest and criminal activity in Portland. They also suggested very strongly that these decisions are up to the President and the Administrative branch, not the courts.

Section 12406 contains no such limitations. Instead, by its plain text, § 12406(3) requires only a determination that “the President is unable with the regular forces to execute the laws of the United States.” The statute delegates the authority to make that determination to the President and does not limit the facts and circumstances that the President may consider in doing so. Indeed, the inherently subjective nature of this evaluation demonstrates that the President has the authority to identify and weigh the relevant facts under § 12406(3). The President can, and should, consider the totality of the circumstances when determining whether he “is unable with the regular forces to execute the laws of the United States.”

Now, part of me wishes that the court would simply rely on the concept that these decisions are up to the President (and not district court judges) rather than argue that the district court erred in suggesting there was no violence or no cause. But another part of me finds it refreshing that the court is willing to put into writing all of the things that have been happening in Portland.

At the end of the day, the Ninth is probably just trying to avoid being overturned by the USSC. There is no way Democrats will appeal this to that court. Rather they may try just going to a different district judge with different reasoning looking for another temporary order to prevent law and order!