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  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. 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...

  4. 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...

  5. 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

  6. #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

  7. #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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. The #Trump admin contended that the #troops were needed in #California for federal agents to do their jobs because protesters were impeding their efforts. CA officials quickly challenged the deployment, & Judge Breyer…temporarily blocked it in June.

    A 3-judge panel from the US Court of Appeals for the #9thCircuit, which included 2 appointees of Trump & 1 of President Biden, ruled that Breyer had erred.

    #law #MilitaryState #democracy #authoritarianism #tyranny #AmericanAutocracy #resist

  15. The #Trump admin contended that the #troops were needed in #California for federal agents to do their jobs because protesters were impeding their efforts. CA officials quickly challenged the deployment, & Judge Breyer…temporarily blocked it in June.

    A 3-judge panel from the US Court of Appeals for the #9thCircuit, which included 2 appointees of Trump & 1 of President Biden, ruled that Breyer had erred.

    #law #MilitaryState #democracy #authoritarianism #tyranny #AmericanAutocracy #resist

  16. The #California deployment was contested in #court, with Gov #GavinNewsom (D) & other officials questioning whether #Trump had violated the #PosseComitatusAct, a federal #law that prohibits US #troops from carrying out civilian law enforcement actions. US District Judge Charles Breyer ruled that Trump’s orders violated the law, but his decision was halted by a 3-judge panel from the US Court of Appeals for the #9thCircuit in San Francisco.

    #MilitaryState #NationalGuard #military #tyranny

  17. The #California deployment was contested in #court, with Gov #GavinNewsom (D) & other officials questioning whether #Trump had violated the #PosseComitatusAct, a federal #law that prohibits US #troops from carrying out civilian law enforcement actions. US District Judge Charles Breyer ruled that Trump’s orders violated the law, but his decision was halted by a 3-judge panel from the US Court of Appeals for the #9thCircuit in San Francisco.

    #MilitaryState #NationalGuard #military #tyranny

  18. US appeals court rejects challenge to #Washington laws concerning #transgender minors

    A federal appeals court on Friday rejected a constitutional challenge to 3 #WashingtonState laws regulating the rights of minors, particularly those who are transgender.

    The #9thCircuit Court of Appeals in #SanFrancisco said 2 national organizations & 5 sets of Washington parents had not demonstrated injuries sufficient to provide #standing to sue.

    #law #LGBTQ #TransRights
    reuters.com/legal/litigation/u

  19. US appeals court rejects challenge to #Washington laws concerning #transgender minors

    A federal appeals court on Friday rejected a constitutional challenge to 3 #WashingtonState laws regulating the rights of minors, particularly those who are transgender.

    The #9thCircuit Court of Appeals in #SanFrancisco said 2 national organizations & 5 sets of Washington parents had not demonstrated injuries sufficient to provide #standing to sue.

    #law #LGBTQ #TransRights
    reuters.com/legal/litigation/u

  20. 9th Circuit Rules Public Line Dancing Constitutes an Armed Rebellion

    Trump's military crackdown on the American people is permitted to continue after the 9th circuit overturned a lower court decision.

    freezenet.ca/9th-circuit-rules

    #LawAndTechnology #News #9thCircuit #California #court #law #Newsom #NoKings #ruling #Trump #US

  21. 9th Circuit Rules Public Line Dancing Constitutes an Armed Rebellion

    Trump's military crackdown on the American people is permitted to continue after the 9th circuit overturned a lower court decision.

    freezenet.ca/9th-circuit-rules

    #LawAndTechnology #News #9thCircuit #California #court #law #Newsom #NoKings #ruling #Trump #US

  22. The decision halts a ruling from Judge Breyer, who found #Trump acted illegally when he activated the #NationalGuard over opposition from #California Gov #GavinNewsom.

    The #9thCircuit court of appeals concluded that “it is likely that the President lawfully exercised his statutory authority”.

    It also found that even if the #federal govt failed to notify the Newsom before federalizing the National Guard as required by #law, Newsom had no power to veto the president’s order.

    #RightToProtest

  23. The decision halts a ruling from Judge Breyer, who found #Trump acted illegally when he activated the #NationalGuard over opposition from #California Gov #GavinNewsom.

    The #9thCircuit court of appeals concluded that “it is likely that the President lawfully exercised his statutory authority”.

    It also found that even if the #federal govt failed to notify the Newsom before federalizing the National Guard as required by #law, Newsom had no power to veto the president’s order.

    #RightToProtest

  24. #Trump can keep #NationalGuard deployed to #LosAngeles for now, appeals court rules

    US appeals court late Thurs allowed Trump to maintain his deployment of National Guard #troops in #LA amid #protests over aggressive #immigration enforcement, temporarily pausing a lower court's ruling blocking the mobilization.
    The #9thCircuit Court of Appeals' decision does not mean the court will ultimately agree w/Trump, but it means he will maintain command of the guard for now.
    #law
    reuters.com/world/us/trump-can

  25. #Trump can keep #NationalGuard deployed to #LosAngeles for now, appeals court rules

    US appeals court late Thurs allowed Trump to maintain his deployment of National Guard #troops in #LA amid #protests over aggressive #immigration enforcement, temporarily pausing a lower court's ruling blocking the mobilization.
    The #9thCircuit Court of Appeals' decision does not mean the court will ultimately agree w/Trump, but it means he will maintain command of the guard for now.
    #law
    reuters.com/world/us/trump-can

  26. Wednesday’s ruling marks the first time an appeals court has materially weighed in on #Trump’s #BirthrightCitizenship order, which has come under 10 lawsuits across the country. Though the case will continue before the #9thCircuit, the #DOJ could now seek emergency relief from #SCOTUS.

    #law #14thAmendment #immigration #WhiteSupremacy

  27. Wednesday’s ruling marks the first time an appeals court has materially weighed in on #Trump’s #BirthrightCitizenship order, which has come under 10 lawsuits across the country. Though the case will continue before the #9thCircuit, the #DOJ could now seek emergency relief from #SCOTUS.

    #law #14thAmendment #immigration #WhiteSupremacy

  28. A federal appeals court Wednesday evening declined the #Trump admin’s request to partially revive the president’s #ExecutiveOrder restricting #BirthrightCitizenship.

    The #DOJ asked the #9thCircuit Court of Appeals to immediately limit a district judge’s ruling, one of multiple indefinitely blocking Trump’s order nationwide, to only the individual plaintiffs who sued in an underlying case.

    #law #14thAmendment #immigration #WhiteSupremacy
    thehill.com/regulation/court-b

  29. A federal appeals court Wednesday evening declined the #Trump admin’s request to partially revive the president’s #ExecutiveOrder restricting #BirthrightCitizenship.

    The #DOJ asked the #9thCircuit Court of Appeals to immediately limit a district judge’s ruling, one of multiple indefinitely blocking Trump’s order nationwide, to only the individual plaintiffs who sued in an underlying case.

    #law #14thAmendment #immigration #WhiteSupremacy
    thehill.com/regulation/court-b

  30. No penalties when deputies share a woman’s nudes after illegal phone search

    Hayley Olson took a trip out of state. In Oregon, she ran a legal marijuana dispensary, but she was stopped by Idaho state police and arrested for marijuana possession.

    She agreed to a search, and Idaho police made an image of her cell phone.

    Grant County Sheriff Glenn Palmer obtained a copy from Idaho, claiming to be concerned that the deputy whom Olson was dating might somehow be implicated. Grant County Attorney Jim Carpenter decided to look through the image, using tools from digital forensics company #Cellebrite.

    Olson sued both men for unlawful search & seizure under the #FourthAmendment.

    #9thCircuit judges lambasted the behavior of the Oregon authorities, but found that Palmer was exempt from penalties because he had not conducted the search. Carpenter was found to have “qualified immunity” from prosecution as a government employee.

    Ars Technica / https://archive.fo/tTBxZ #Privacy #Police

  31. No penalties when deputies share a woman’s nudes after illegal phone search

    Hayley Olson took a trip out of state. In Oregon, she ran a legal marijuana dispensary, but she was stopped by Idaho state police and arrested for marijuana possession.

    She agreed to a search, and Idaho police made an image of her cell phone.

    Grant County Sheriff Glenn Palmer obtained a copy from Idaho, claiming to be concerned that the deputy whom Olson was dating might somehow be implicated. Grant County Attorney Jim Carpenter decided to look through the image, using tools from digital forensics company #Cellebrite.

    Olson sued both men for unlawful search & seizure under the #FourthAmendment.

    #9thCircuit judges lambasted the behavior of the Oregon authorities, but found that Palmer was exempt from penalties because he had not conducted the search. Carpenter was found to have “qualified immunity” from prosecution as a government employee.

    Ars Technica / https://archive.fo/tTBxZ #Privacy #Police