Not at all surprising, and consistent with similar prior appellate decisions in Illinois, Minnesota, New York and Colorado.
I mention it because many of the people of this nation (going into these mid-terms) justifiably fear that Trump will militarize the various arms of the nation, and roll troops when (not if) he suffers wide losses in national politics, in the next two weeks. We must be ready to enjoin that the moment it starts — as it too finds no basis in law or fact. Resist, resist… Resist:
…The panel denied Defendants’ motion to dismiss the appeal in Case No. 25-3727—Defendants’ appeal of the district court’s injunction against the initial federalization and deployment of the California National Guard — for three reasons:
(1) the appeal of the initial-federalization injunction is not moot where a decision on the merits would provide relief to the State by preventing federalization of the California National Guard under similar circumstances in the future,
(2) the court and the parties have already invested substantial time in the appeal, and
(3) exercising discretion against dismissal would curtail strategic behavior and prevent a party from manipulating the formation of precedent by dismissing those proceedings that may lead to an adverse decision….
Now you know. Onward, on a cloud dappled crisp and cool Fall day. Smile.
नमस्ते
