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President Donald Trump’s efforts to deploy the military to Democratic-led cities despite objections from mayors and governors has brought a series of court challenges and overarching rulings.
As the US Supreme Court considers whether to clear the way for National Guard In Chicago, a federal appeals court is hearing arguments on California Gov. Gavin Newsom’s challenge to the deployment of troops to Los Angeles. Guard soldiers may also arrive on the field soon portland, oregonLegal developments are pending there.
Here are some things to know about legal efforts to block or deploy National Guard troops in various cities.
Supreme Court’s decision is about to come; Federal judge weighs in on National Guard in Chicago
A federal judge in Chicago has already blocked the deployment of National Guard troops to the Chicago area for two weeks. On Wednesday, she will hold a hearing to consider whether to extend that order — but whatever she does could be controversial if the U.S. Supreme Court rules in the meantime.
Lawyers representing the Trump administration said in court filings Tuesday that they would likely agree to extend the moratorium on troop deployments for 30 days. However, they are also asking the US Supreme Court to intervene. The Trump administration is pushing for an emergency order from the U.S. Supreme Court that would allow Guard troops to be deployed.
“Every day this unfair TRO remains in effect causes serious and irreparable harm to the executive,” Solicitor General D. John Sawyer wrote in a petition filed with the Supreme Court on Tuesday.
Lawyers representing Chicago and Illinois have asked the Supreme Court to block deployment in the Chicago area, calling it a “dramatic step.”
National Guard deployment in Portland is also in limbo
Trump’s efforts to deploy troops to Portland, Oregon are similarly in limbo. An appeals court said Monday that Trump can take command of 200 Oregon National Guard troops, but for now a separate court order prevents him from actually deploying them.
Trump-appointed U.S. District Judge Karin Immergut issued two temporary restraining orders earlier this month. One prevented Trump from calling up Oregon troops so he could send them to Portland. The second prohibited him from sending any National Guard members to Oregon, because he had tried to avoid the first order by deploying California troops instead.
The Justice Department first appealed the order, and in a 2-1 decision on Monday, a panel of the 9th US Circuit Court of Appeals sided with the administration.
However, Immergut’s second command is in effect, so no troops can be deployed immediately.
The matter is still in the courts.
Legal fight in California goes before appellate panel
A panel of judges from the 9th US Circuit Court of Appeals in Pasadena is set to hear arguments Wednesday related to Trump’s deployment of National Guard troops to Los Angeles.
A district court found that the Trump administration violated federal law when it sent troops to Los Angeles following protests over an immigration crackdown in early June.
Judge Charles Breyer gave Newsom an initial victory in the case on June 13 when he ordered National Guard troops back under control in California. But in an emergency ruling, an appeals court panel sided with the Trump administration, allowing the troops to remain in federal hands while the lawsuit unfolds.
The appeals court will consider whether to overturn Breyer’s June order.
The same three-judge panel is also handling the Trump administration’s appeal of Breyer’s Sept. 2 decision, which found the president violated the Posse Comitatus Act, an 1878 law that prohibits military enforcement of domestic laws.
Groups aim to stop National Guard deployment to DC
A state court hearing is scheduled for Friday in Charleston, West Virginia, in a lawsuit filed by two groups who want to block the deployment of the state National Guard to Washington, DC. More than 300 Guard members have been supporting Trump’s initiative in the nation’s capital since late August.
Democrats file lawsuit to stop National Guard deployment in Memphis
In Tennessee, Democratic elected officials filed a lawsuit last Friday to try to stop the ongoing Guard deployment in Memphis. He said Republican Governor Bill Lee, acting at Trump’s request, violated the state Constitution, which says the Guard can be called out during “insurrection or invasion” but only with the blessing of state lawmakers.
Since their arrival on October 10, soldiers have been patrolling areas of downtown Memphis, including near the iconic pyramids, wearing overalls and protective jackets marked “Military Police”, with guns in holsters. Officials have said Guard members have no arrest powers.
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Associated Press writers Gene Johnson in Seattle, Mark Sherman in Washington, D.C., Olga R. Rodriguez, Adrian Saenz in Memphis and John Raby in Charleston, West Virginia contributed to this report.