Democratic California Governor Gavin Newsom\u2019s lawsuit challenging President Donald Trump\u2019s efforts to restore order in Los Angeles is unlikely to find strong support on appeal.<\/p>\n
While a district court judge showed some sympathy to Newsom\u2019s arguments on Thursday night, legal experts told the Daily Caller that his challenge is unlikely to succeed. They found Judge Charles Breyer\u2019s reasoning for blocking Trump\u2019s deployment of the state\u2019s National Guard during the riots unconvincing.<\/p>\n
The Ninth Circuit Court of Appeals quickly put a hold on Breyer\u2019s ruling, allowing federal troops to remain in Los Angeles at least until Tuesday, when the next hearing is scheduled. In his 36-page opinion, Breyer\u2014a Clinton appointee\u2014argued that President Trump\u2019s \u201cactions were illegal\u2014both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.\u201d<\/p>\n
Josh Blackman, a law professor at South Texas College of Law Houston, told the Daily Caller that the federal government typically \u201cwill receive deference\u201d in matters related to security. \u201cI think the court reached out to decide some novel and complex constitutional questions on an expedited basis,\u201d Blackman said. \u201cThese are issues that the Supreme Court never weighed in on. I am confident this ruling will not stand.\u201d<\/p>\n
Breyer\u2019s reasoning on both procedural and substantive grounds was wrong, former federal prosecutor Joseph Moreno told the DCNF, saying he expects \u201cmore reasonable heads will prevail here, if not at the appellate level then at the Supreme Court.\u201d<\/p>\n
\u201cWith respect to process, Judge Breyer effectively conceded that Governor Newsom lacked a veto power over President Trump\u2019s decision; however, he found that Trump\u2019s notification to Newsom was insufficient despite the two having multiple phone conversations and the order being routed to the California Adjutant General, the commander of the National Guard,\u201d he said.<\/p>\n
\u201cEven if you buy the argument that the process was not followed precisely, it is a harmless error and certainly not the basis for declaring an entire Presidential deployment to be illegitimate,\u201d he added.<\/p>\n
Trump\u2019s decision relied on a federal statute that allows the president to call the National Guard into federal service when there is a rebellion against U.S. authority or \u201cdanger of invasion by a foreign nation.\u201d The statute\u2019s terms are undefined, so Breyer \u201cboth decided what the standards meant and that Trump failed to achieve any of them,\u201d Moreno said.<\/p>\n
\u201cSo we now have an unelected federal judge sitting in San Francisco asserting he can second guess the military decisions of the Commander in Chief, which is the President\u2019s most sacred duty,\u201d Moreno continued. \u201cIn terms of both the law and the constitution expect Judge Breyer\u2019s ridiculous decision to be overturned.\u201d<\/p>\n
Harvard Law Professor Jack Goldsmith described the \u201cwhole opinion slapdash\u201d during a Friday discussion on his Substack. \u201cI was not persuaded by the judge\u2019s second-guessing of the president,\u201d he said. \u201cHe was very selective in his definition of rebellion. He was not deferential at all on the president\u2019s power to enforce the laws.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
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