Heidi Li Feldman‼️The Ninth Circuit Court of Appeals has just decided to review en banc the Portland District Court TRO against use of federalized National Guard troops. They have vacated the order issued by a 9th Circuit panel which had stayed the TRO. I’ll unpack this in following posts. 1/ #LawFedi https://storage.courtlistener.com/recap/gov.uscourts.ca9.b3c1c6b0-b390-4c9d-b557-fc5d525fd150/gov.uscourts.ca9.b3c1c6b0-b390-4c9d-b557-fc5d525fd150.89.0.pdf
Early this month, federal district court judge Karen Immergut issued a temporary restraining order barring Trump regime from deploying federalized National Guard troops in Portland, ruling that plaintiffs were likely to prevail in the underlying suit arguing statutory requirements for such action had not been met. 2/
The Trump regime sought a stay of the TRO, pending resolution of the underlying case. As is usual, this request was heard by a panel of the full 9th circuit court of appeals. That panel, consisting of 3 judges, granted the stay, arguing essentially that courts have to take the President’s word that the statutory prerequisites are met. 3/
There are 29 active judges on the full 9th Circuit of Appeals. Based on a majority vote of them, the full Court of Appeals today announced that it will decide whether Judge Immergut’s TRO will be stayed. This sets aside the panel decision. 4/
hammer@heidilifeldman but only 10 randomly selected and the chief make up the panel hearing the case, correct?