Ninth circuit just gave the piece of shit what he wanted federalizing the National Guard.

[Mike Niendorff]

6. Two options here:

First, CA can request a full en banc review -- but it likely would be pointless since this is only a ruling on an initial TRO, which basically only covers the lead-up to trial anyway.

Alternatively, they can just let this ruling be and go back to the trial court for a more substantive result on the merits, which is what I expect they will do.

This isn't the end of the road, it's literally just the beginning.

But that said, it's unfortunate that the appellate panel didn't hold the line on this. The executive branch can't have unchecked authority to effectively rewrite the law by redefining terms on-the-fly to mean whatever they need in order to justify their actions after-the-fact. That's beyond dangerous.


MDN