The Scoreboard On The National Guard Cases As Of Today -- Winning But Continuing Trouble Ahead
Three active cases at various stages of completion and all of which have had some level of appellate court activity reversing district judge injunctions.
There was much confusion earlier this week following the report that a Judge on the Ninth Circuit Court of Appeals had called for a vote on “en banc” review of the panel decision in Oregon v. Trump, issued on Tuesday, and the release later in the evening by the Ninth Circuit of the Order denying en banc review — with a 38 page dissenting statement joined by 11 judges — in the Newsom v. California case.
Two different issues, two different requests for en banc review, only one decision on the request for en banc review — maybe the least consequential thus far.
I will continue to caution readers here to be careful about the sources you rely on in explaining what is happening in these cases both substantively and procedurally. There are a lot of amateurs and poseurs who are “reporting” on them and routinely getting things wrong. The Ninth Circuit’s rejection of en banc review in the Newsom case last night is a great example. There was much confusion and inaccurate information bounced around on social media. While the decision and opinion are important, they are likely to be of little significance on the issues in the weeks ahead as I explain in more detail below.
So today I’m going to sort out the three active cases, summarize what has happened, what is pending in each court, and what might come next.
The three cases are:
Newsom v. Trump — District Judge Charles Breyer, in San Francisco, granting TRO and Preliminary Injunctions against California National Guard deployments into Southern California.
Oregon v. Trump — District Judge Karen Immergut, in Portland, granting two TROs against federalization and deployment of the Oregon National Guard, and deployment of already federalized California Guardsman.
Illinois v. Trump — District Judge April Perry, in Chicago, granting a TRO preventing the deployment of any federalized National Guard troops into Illinois.
Status Of The Three Cases:
