The Trump administration on Monday filed a request to the 9th U.S. Circuit Court of Appeals for a stay pending appeal after a ruling that required returning control of National Guard troops to California, Dataminr reported.
Justice Department lawyers defended President Donald Trump’s troop deployment in Los Angeles, urging the judges to block a lower court ruling that ordered the president to relinquish control of the National Guard troops back to California Gov. Gavin Newsom, who wants them to stand down, according to The Washington Times.
The legal battle over Trump’s deployment of the National Guard is set to continue Tuesday, ABC7 reported.
A judge ruled Trump’s move illegal, but the case was put on hold until it can go before the appeals court on Tuesday.
Menlo College political science and constitutional law professor Melissa Michelson told ABC7 News, “That there was a stay put in place really doesn’t give us any indication of what the court is going to decide.
“One likelihood is that the 9th Circuit says, You know what? The lower court was correct, Judge Breyer was correct, the troops need to be given back to the governor right away,” Michelson said.
The professor said there’s also a chance Newsom gets control back, or the case could stay in limbo a little longer.
“Another possible outcome is that they say, Well, you know, we’re going to take some more time to think about this. And for the foreseeable future, we’re going to leave control with the president until we’ve made a decision,” she said.
Michelson emphasized that, no matter the decision on Tuesday, the case is likely headed to the Supreme Court.
“Just because we know that no matter what, there’s probably going to be an appeal, doesn’t mean that the Supreme Court will absolutely make a decision,” she said. “But they can also make a decision by not making a decision to take the case, saying we don’t see a need to reconsider the 9th Circuit decision, we’re going to just let that stand.”
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