Nonilex

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
https://www.nbcnews.com/news/us-news/appeals-court-will-reconsider-whether-allow-trump-deploy-national-guar-rcna240398

Appeals court will reconsider whether to allow Trump to deploy National Guard to Oregon

The 9th U.S. Circuit Court of Appeals will reconsider Oregon's fight to block the Trump administration's deployment of National Guard troops into the state against its wishes

NBC News
Oct 29 at 3:54amWeb
Show threadPatrickOct 29
@Nonilex This is the next stop before the US Supreme Court. The fact that it is set for an en banc hearing indicates that the 9th Circuit thinks this case is important. An en banc decision blocking deployment would be their de facto brief to the US Supreme Court. If Trump ignored a standing en banc decision by a circuit court of appeals, that would be legitimate grounds for impeachment. And it puts on the table, whether a president is bound by the rule of law.
Show threadGrassroots JoeOct 29

@patrick @Nonilex

Important and probably wrongly decided by the panel majority as they didn't just stay that ruling, they vacated it.

Show threadBlake CoverettOct 29
@Nonilex Apologies for nitpicking, but unless there's something specific going on here, I believe it won't be all active judges, but rather this rule:
https://bsky.brid.gy/r/https://bsky.app/profile/did:plc:nwnlnixtjh3qhkwpz2uy5uwv/post/3m3npq3tols2v
Steve Vladeck (@stevevladeck.bsky.social)

Just a reminder that "en banc" review in the Ninth Circuit is ... unique. The full court (29 active judges, currently with a 16-13 D-R split) votes on whether or not to rehear a case en banc. If so, then *10* judges are randomly drawn to sit with Chief Judge Murguia as the "en banc" court.

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