home.social

#9th-circuit — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #9th-circuit, aggregated by home.social.

fetched live
  1. The 9th US Circuit Court of Appeals will reconsider #Oregon's fight to block the #Trump admin's deployment of #NationalGuard troops into the state against its wishes.

    An appeals court panel ruled 2-1 this month to allow the deployment. The court said Tuesday it would hear the case “en banc,” meaning all active judges on the #9thCircuit will rehear it.

    #law #military #PosseComitatusAct
    nbcnews.com/news/us-news/appea

  2. The 9th US Circuit Court of Appeals will reconsider #Oregon's fight to block the #Trump admin's deployment of #NationalGuard troops into the state against its wishes.

    An appeals court panel ruled 2-1 this month to allow the deployment. The court said Tuesday it would hear the case “en banc,” meaning all active judges on the #9thCircuit will rehear it.

    #law #military #PosseComitatusAct
    nbcnews.com/news/us-news/appea

  3. The 9th US Circuit Court of Appeals will reconsider #Oregon's fight to block the #Trump admin's deployment of #NationalGuard troops into the state against its wishes.

    An appeals court panel ruled 2-1 this month to allow the deployment. The court said Tuesday it would hear the case “en banc,” meaning all active judges on the #9thCircuit will rehear it.

    #law #military #PosseComitatusAct
    nbcnews.com/news/us-news/appea

  4. The 9th US Circuit Court of Appeals will reconsider #Oregon's fight to block the #Trump admin's deployment of #NationalGuard troops into the state against its wishes.

    An appeals court panel ruled 2-1 this month to allow the deployment. The court said Tuesday it would hear the case “en banc,” meaning all active judges on the #9thCircuit will rehear it.

    #law #military #PosseComitatusAct
    nbcnews.com/news/us-news/appea

  5. The 9th US Circuit Court of Appeals will reconsider #Oregon's fight to block the #Trump admin's deployment of #NationalGuard troops into the state against its wishes.

    An appeals court panel ruled 2-1 this month to allow the deployment. The court said Tuesday it would hear the case “en banc,” meaning all active judges on the #9thCircuit will rehear it.

    #law #military #PosseComitatusAct
    nbcnews.com/news/us-news/appea

  6. 9th Circuit gives Trump another win: court greenlights his National Guard crackdown in Portland. Two Trump appointees join the majority, clearing the way for his militarized approach on U.S. streets. #TrumpWatch #Portland #9thCircuit www.politico.com/news/2025/10...

    Appeals court backs Trump’s Na...

  7. 9th Circuit gives Trump another win: court greenlights his National Guard crackdown in Portland. Two Trump appointees join the majority, clearing the way for his militarized approach on U.S. streets. #TrumpWatch #Portland #9thCircuit www.politico.com/news/2025/10...

    Appeals court backs Trump’s Na...

  8. 9th Circuit gives Trump another win: court greenlights his National Guard crackdown in Portland. Two Trump appointees join the majority, clearing the way for his militarized approach on U.S. streets. #TrumpWatch #Portland #9thCircuit www.politico.com/news/2025/10...

    Appeals court backs Trump’s Na...

  9. 9th Circuit gives Trump another win: court greenlights his National Guard crackdown in Portland. Two Trump appointees join the majority, clearing the way for his militarized approach on U.S. streets. #TrumpWatch #Portland #9thCircuit www.politico.com/news/2025/10...

    Appeals court backs Trump’s Na...

  10. 9th Circuit gives Trump another win: court greenlights his National Guard crackdown in Portland. Two Trump appointees join the majority, clearing the way for his militarized approach on U.S. streets. #TrumpWatch #Portland #9thCircuit www.politico.com/news/2025/10...

    Appeals court backs Trump’s Na...

  11. States’ Rights and Federal Reach: What the 9th Circuit Just Did in Oregon – DWD Report

    Editor’s Note: A Special Update on National Guard in Oregon, 9th Circuit Ruling. I asked ChatGPT some questions about federal and states rights, and asked for input on the opinion today, and provide context. My partner did good… –DrWeb

    States’ Rights and Federal Reach: What the 9th Circuit Just Did in Oregon

    The Ninth Circuit Court of Appeals has handed down a 2-1 decision that reignites an old American debate — the balance between states’ rights and federal power.

    At issue: whether President Trump could federalize members of the Oregon National Guard over the objections of the state’s own leaders, including the governor and Portland’s mayor, during what were by all accounts peaceful public demonstrations.

    The case, State of Oregon v. Trump (No. 25-6268), comes with a dense 93-page opinion — the majority allowing the federalization to proceed, and a sharply worded dissent by Judge Susan P. Graber warning that the decision “erodes core constitutional principles” of state sovereignty.

    Editor’s Note: Full opinion embedded below.

    9thcircuitrulingDownload

    What “States’ Rights” Really Means

    The phrase itself doesn’t appear in the Constitution, but the idea is embedded throughout it — particularly in the Tenth Amendment, which says that any powers not granted to the federal government are “reserved to the States respectively, or to the people.”

    In plain terms, this means states hold their own sovereign authority over matters the federal government has not claimed. But that authority isn’t absolute. When Washington acts under powers clearly granted by the Constitution — say, national defense or executing federal law — the Supremacy Clause makes those federal actions “the supreme law of the land.”

    That’s the tightrope of American federalism: state sovereignty versus national supremacy. The courts are where that rope gets tested.

    What the Court Said

    The majority opinion leaned heavily on 10 U.S.C. § 12406(3) — a statute allowing the President to federalize the National Guard when regular forces are “unable to execute the laws of the United States.” The two judges in the majority accepted that the President had a “colorable basis” for doing so, meaning a plausible, legally defensible reason, even if the state argued the protests were peaceful and local officials said no help was needed.

    They emphasized judicial deference — the notion that courts generally should not second-guess a President’s national-security or law-enforcement judgments. By that measure, they said, the federal government acted within its legal rights.

    The Dissent: A Warning on Sovereignty

    Judge Graber’s dissent, beginning on page 74 of the opinion, takes direct aim at that logic.
    She argued the majority’s reasoning stretches federal power too far — letting Washington override a state’s authority to control its own militia without meeting the true emergency threshold Congress intended.

    Her opinion underscored that no recent evidence of violence existed, that Oregon’s Guard was not refusing to carry out its duties, and that the state’s elected leaders had said no.
    To her, the court’s deference was misplaced: it “displaces the sovereign authority of the people of Oregon in favor of speculative executive power.”

    Why It Matters

    This case isn’t just about one deployment. It touches the very structure of how power is shared in the United States.

    If the federal government can federalize a state’s Guard over peaceful demonstrations and state opposition, where does that leave the Tenth Amendment?
    Conversely, if states can block the federal government from enforcing federal law on federal property, what happens to national authority?

    Final Take

    So yes — the decision does implicate states’ rights, but it doesn’t automatically violate them.
    The court’s job was to decide whether federal power was used lawfully. The majority said yes; the dissent said no.

    The tension between state sovereignty and federal supremacy is as old as the republic — and, as Oregon just reminded us, still unsettled business.

    Sources

    #2025 #9thCircuit #America #Dissent #DonaldTrump #Education #Health #History #JudgeBridgetSBade #JudgeRyanDNelson #JudgeSusanPGraber #Libraries #Library #LibraryOfCongress #NationalGuard #October20 #Opinion #Oregon #Politics #Portland #Resistance #Science #Trump #TrumpAdministration #UnitedStates

  12. States’ Rights and Federal Reach: What the 9th Circuit Just Did in Oregon – DWD Report

    Editor’s Note: A Special Update on National Guard in Oregon, 9th Circuit Ruling. I asked ChatGPT some questions about federal and states rights, and asked for input on the opinion today, and provide context. My partner did good… –DrWeb

    States’ Rights and Federal Reach: What the 9th Circuit Just Did in Oregon

    The Ninth Circuit Court of Appeals has handed down a 2-1 decision that reignites an old American debate — the balance between states’ rights and federal power.

    At issue: whether President Trump could federalize members of the Oregon National Guard over the objections of the state’s own leaders, including the governor and Portland’s mayor, during what were by all accounts peaceful public demonstrations.

    The case, State of Oregon v. Trump (No. 25-6268), comes with a dense 93-page opinion — the majority allowing the federalization to proceed, and a sharply worded dissent by Judge Susan P. Graber warning that the decision “erodes core constitutional principles” of state sovereignty.

    Editor’s Note: Full opinion embedded below.

    9thcircuitrulingDownload

    What “States’ Rights” Really Means

    The phrase itself doesn’t appear in the Constitution, but the idea is embedded throughout it — particularly in the Tenth Amendment, which says that any powers not granted to the federal government are “reserved to the States respectively, or to the people.”

    In plain terms, this means states hold their own sovereign authority over matters the federal government has not claimed. But that authority isn’t absolute. When Washington acts under powers clearly granted by the Constitution — say, national defense or executing federal law — the Supremacy Clause makes those federal actions “the supreme law of the land.”

    That’s the tightrope of American federalism: state sovereignty versus national supremacy. The courts are where that rope gets tested.

    What the Court Said

    The majority opinion leaned heavily on 10 U.S.C. § 12406(3) — a statute allowing the President to federalize the National Guard when regular forces are “unable to execute the laws of the United States.” The two judges in the majority accepted that the President had a “colorable basis” for doing so, meaning a plausible, legally defensible reason, even if the state argued the protests were peaceful and local officials said no help was needed.

    They emphasized judicial deference — the notion that courts generally should not second-guess a President’s national-security or law-enforcement judgments. By that measure, they said, the federal government acted within its legal rights.

    The Dissent: A Warning on Sovereignty

    Judge Graber’s dissent, beginning on page 74 of the opinion, takes direct aim at that logic.
    She argued the majority’s reasoning stretches federal power too far — letting Washington override a state’s authority to control its own militia without meeting the true emergency threshold Congress intended.

    Her opinion underscored that no recent evidence of violence existed, that Oregon’s Guard was not refusing to carry out its duties, and that the state’s elected leaders had said no.
    To her, the court’s deference was misplaced: it “displaces the sovereign authority of the people of Oregon in favor of speculative executive power.”

    Why It Matters

    This case isn’t just about one deployment. It touches the very structure of how power is shared in the United States.

    If the federal government can federalize a state’s Guard over peaceful demonstrations and state opposition, where does that leave the Tenth Amendment?
    Conversely, if states can block the federal government from enforcing federal law on federal property, what happens to national authority?

    Final Take

    So yes — the decision does implicate states’ rights, but it doesn’t automatically violate them.
    The court’s job was to decide whether federal power was used lawfully. The majority said yes; the dissent said no.

    The tension between state sovereignty and federal supremacy is as old as the republic — and, as Oregon just reminded us, still unsettled business.

    Sources

    #2025 #9thCircuit #America #Dissent #DonaldTrump #Education #Health #History #JudgeBridgetSBade #JudgeRyanDNelson #JudgeSusanPGraber #Libraries #Library #LibraryOfCongress #NationalGuard #October20 #Opinion #Oregon #Politics #Portland #Resistance #Science #Trump #TrumpAdministration #UnitedStates

  13. #9thCircuit #portland hearing #Oregon case against Trump’s plan to deploy the National Guard under the Insurrection Act. may soon be under #martiallaw per #judges siding with #trump #lies not #facts

  14. #9thCircuit #portland hearing #Oregon case against Trump’s plan to deploy the National Guard under the Insurrection Act. may soon be under #martiallaw per #judges siding with #trump #lies not #facts

  15. #9thCircuit #portland hearing #Oregon case against Trump’s plan to deploy the National Guard under the Insurrection Act. may soon be under #martiallaw per #judges siding with #trump #lies not #facts

  16. #9thCircuit #portland hearing #Oregon case against Trump’s plan to deploy the National Guard under the Insurrection Act. may soon be under #martiallaw per #judges siding with #trump #lies not #facts

  17. #9thCircuit #portland hearing #Oregon case against Trump’s plan to deploy the National Guard under the Insurrection Act. may soon be under #martiallaw per #judges siding with #trump #lies not #facts

  18. After a short recess, Judge Perry is back on the bench to hear closing arguments in the #Illinois v. #Trump hearing about deployment of the #NationalGuard.

    Christopher Wells is up first for the state of Illinois.

    Wells is talking about the 9th Circuit's Newsom v. Trump ruling, finding that courts have to be "highly deferential" to the president when it comes to this #law.

    Wells says the #9thCircuit was "clearly too deferential."

    #Chicago #law #PosseComitatusAct #MilitaryState

  19. After a short recess, Judge Perry is back on the bench to hear closing arguments in the #Illinois v. #Trump hearing about deployment of the #NationalGuard.

    Christopher Wells is up first for the state of Illinois.

    Wells is talking about the 9th Circuit's Newsom v. Trump ruling, finding that courts have to be "highly deferential" to the president when it comes to this #law.

    Wells says the #9thCircuit was "clearly too deferential."

    #Chicago #law #PosseComitatusAct #MilitaryState

  20. After a short recess, Judge Perry is back on the bench to hear closing arguments in the #Illinois v. #Trump hearing about deployment of the #NationalGuard.

    Christopher Wells is up first for the state of Illinois.

    Wells is talking about the 9th Circuit's Newsom v. Trump ruling, finding that courts have to be "highly deferential" to the president when it comes to this #law.

    Wells says the #9thCircuit was "clearly too deferential."

    #Chicago #law #PosseComitatusAct #MilitaryState

  21. After a short recess, Judge Perry is back on the bench to hear closing arguments in the #Illinois v. #Trump hearing about deployment of the #NationalGuard.

    Christopher Wells is up first for the state of Illinois.

    Wells is talking about the 9th Circuit's Newsom v. Trump ruling, finding that courts have to be "highly deferential" to the president when it comes to this #law.

    Wells says the #9thCircuit was "clearly too deferential."

    #Chicago #law #PosseComitatusAct #MilitaryState

  22. After a short recess, Judge Perry is back on the bench to hear closing arguments in the #Illinois v. #Trump hearing about deployment of the #NationalGuard.

    Christopher Wells is up first for the state of Illinois.

    Wells is talking about the 9th Circuit's Newsom v. Trump ruling, finding that courts have to be "highly deferential" to the president when it comes to this #law.

    Wells says the #9thCircuit was "clearly too deferential."

    #Chicago #law #PosseComitatusAct #MilitaryState

  23. The San Francisco-based #9thCircuit Court of Appeals on Aug. 1 denied the administration's request to lift Frimpong's order.

    But apparently #SCOTUS doesn’t give a shit about the US #Constitution.

    #Trump #law #immigration #ICE #Gestapo #Nazis #StateSponsoredAbduction #WhiteChristianNationalism #WhiteSupremacy #ActivistCourt

  24. The San Francisco-based #9thCircuit Court of Appeals on Aug. 1 denied the administration's request to lift Frimpong's order.

    But apparently #SCOTUS doesn’t give a shit about the US #Constitution.

    #Trump #law #immigration #ICE #Gestapo #Nazis #StateSponsoredAbduction #WhiteChristianNationalism #WhiteSupremacy #ActivistCourt

  25. The San Francisco-based #9thCircuit Court of Appeals on Aug. 1 denied the administration's request to lift Frimpong's order.

    But apparently #SCOTUS doesn’t give a shit about the US #Constitution.

    #Trump #law #immigration #ICE #Gestapo #Nazis #StateSponsoredAbduction #WhiteChristianNationalism #WhiteSupremacy #ActivistCourt

  26. The San Francisco-based #9thCircuit Court of Appeals on Aug. 1 denied the administration's request to lift Frimpong's order.

    But apparently #SCOTUS doesn’t give a shit about the US #Constitution.

    #Trump #law #immigration #ICE #Gestapo #Nazis #StateSponsoredAbduction #WhiteChristianNationalism #WhiteSupremacy #ActivistCourt

  27. The protests had been violent enough, the #9thCircuit found, that #Trump could at least make an argument for deployment, & legal precedent [#SCOTUS] required them to give “a great level of deference” to the president in weighing the facts underlying his EO.

    The decision allowed the #troops to remain under Trump’s control, pending a decision on a secondary request by the #state to restrict how the troops could be used.

    #law #MilitaryState #democracy #authoritarianism #tyranny #autocracy #resist

  28. The protests had been violent enough, the #9thCircuit found, that #Trump could at least make an argument for deployment, & legal precedent [#SCOTUS] required them to give “a great level of deference” to the president in weighing the facts underlying his EO.

    The decision allowed the #troops to remain under Trump’s control, pending a decision on a secondary request by the #state to restrict how the troops could be used.

    #law #MilitaryState #democracy #authoritarianism #tyranny #autocracy #resist