Following the en banc denial, Senior Circuit Judge Marsha S. Berzon issued a sharply worded statement, joined by Chief Judge Mary Murguia and nine others. Berzon warned that the panel’s deference set a dangerous precedent for unchecked executive power to deploy troops in American cities during events that local authorities could typically handle.
“This case presents an issue of the gravest consequence: the peacetime deployment of military troops in American cities,” she wrote, raising concerns about the erosion of federalism and the balance of powers. Circuit Judge Ronald M. Gould dissented separately, urging a full-court reconsideration given the risk of future executive overreach.
Although the 60-day deployment has since expired, the Ninth Circuit panel has yet to issue a final ruling on the merits of the appeal. Governor Newsom’s office has not announced whether it will seek U.S. Supreme Court review, though a petition for certiorari remains possible within the standard 90-day window. Continue reading…