Monday's decision from a three-judge panel on the Court of Appeals for the Ninth Circuit, dominated by President Donald Trump's appointees, sent the appellate division into chaos and drama almost immediately.
The order overturns a block put on Trump, sending the National Guard to Immigration and Customs Facilities in Portland, Oregon, which was itself issued by a district court judge, Karin Immergut, who was appointed by Trump. It swiftly raised alarms from legal experts, who noted that Judge Immergut compellingly laid out how factually baseless Trump's claims were to justify a military response.
But it appears that the ruling also alarmed some judges on the Ninth Circuit itself.
According to Law Dork blogger Chris Geidner, "A Ninth Circuit judge has sua sponte — on their own — already called for a vote on whether there should be an en banc rehearing (which means all active judges will vote on whether the matter should be reheard). Briefing is called for on that question, due by mid-week."
The issue of whether Trump has a blank check to declare what constitutes an emergency for the purposes of calling up the National Guard to enforce law and order in cities has landed in a number of courts around the country, as Trump tries to make similar moves in Chicago.
So far, numerous district judges have put limits on this power, finding that Trump hasn't shown sufficient cause to do so.
