11 Comments
User's avatar
Zelda Hester's avatar

I don't see a silver lining in this decision at all. The Supreme court is enabling Trumps obliteration of our democracy, case by case. Their dubious decisions, often without any explanation as to why they concluded what they did, are showcasing how partisan and corrupt the court really is. Thomas and Alito are stain on our judiciary. Until we get judges, who will act impartially, and will make decisions that are based in current law, we have no real justice here for the American people.

Expand full comment
Arkansas Blue's avatar

Although I agree with your comment, this article is strictly about the Ninth Circuit Court of Appeals. I'm not clear, though, on whether all 29 judges of that court weighed in on this decision, or just a panel made up of majority right-wing judges.

Expand full comment
Robyn E's avatar

A few violent protesters do not justify sending in 4,000 National Guards and 700 US Marines. We know that the perpetrators will be prosecuted. Yet the Supreme Court has apparently forgotten January 6, 2021. The American people saw Trump supporters storm the US Capitol live on television. We watched as Donald Trump claimed he had no authority to send in the National Guard to stop his supporters from vandalizing the Capitol, defecating and urinating in the corridors and threatening congress members with harm. And Trump pardoned those insurrectionists. The GOP and MAGA are upset that the rest of us refuse to ignore reality. The siege of Los Angeles is another indicator that the US is sliding into fascism. Your silver lining is about semantics. It doesn't matter what doctrines are used by a Supreme Court that rubber stamps Trump's attacks on democracy. And repeating his rantings only reinforces the unfitness that the Supreme Court condones.

Expand full comment
Kathleen Pirquet's avatar

That's not much of a silver lining. The REAL criminal, the REAL insurrectionist, the REAL threat to public safety, peace, order, and good government, is still at large: Mr. Donald Trump.

Expand full comment
Queltique Godess's avatar

The Decision rendered on June 19, the U.S. Court of Appeals for the Ninth Circuit concerning Trump's federalizing the National Guard hit me hard. Considering the gravity of giving this Wanna-Be Dictator "broad discretion" Mr. Sarat's piece here is far too long and offers us very little. I too see no "silver lining." I hold a weak hope that CA will take it to the SCOTUS. It's a sad statement if the CA officials believe that defeat at the SCOTUS is a foregone conclusion. And yet... This Decision is a cloud over our entire democracy.

Expand full comment
Wendy horgan's avatar

Another great article from Professor Sarat that deepens our understanding of the current issues in play - in this case what's happening in LA. While Professor Sarat makes clear that he disagrees with the Court's strained reasoning, he makes sure that we don't forgot to pay attention to the Insurrection Act. I hadn't known or had forgotten about the report created for T about how to set the stage for bringing on the Insurrection Act. That really would be scary. So yes, a silver lining if this bad court decision forestalled the Insurrection Act.

Expand full comment
Dorothy Higgins's avatar

Does this mean CA can sue, with reasonable chance of success, for the now federalized National Guard assisting recently in a DEA raid outside of LA in contravention of the order?

Expand full comment
Robyn Chauvin's avatar

What the court said here is that the president doesn’t need the insurrection act to send in troops

Expand full comment
ira lechner's avatar

But you did not mention that a large number of local law enforcement in LA was perfectly trained and capable to control the few protesters—as it did by fewer than 200 arrests, most of whom were minor offenses! Where was the “rebellion” and where was the “violence” by a few protesters who did not injure a single officer, none of whom needed professional health care! Roberts and Barrett are a disgrace to an independent judiciary! This decision is the forerunner to Trump’s future decisions to cancel the 2026 election and to replace American democracy with fascist control! This conclusion is not an exaggeration unfortunately! And how dare you repeat Trump’s deliberate and vile misspelling's of the Governor’s name!

Expand full comment
Ellen Witkowsky's avatar

It doesn’t seem to matter what the courts say since Trump always appeals and has won many times at the Supreme Court level. The information I read says 10 stays and 1 loss. The Supreme Court is corrupt and bought by MAGA.

Expand full comment
Michael H's avatar

Let me see if I understand this Amherst jurisprudence expert.

I will boil it down this way:

**Trump wants big lollipop. The 9th Circuit gave him little lollipop, even though he didn't deserve it, to reduce the chance that he might try to take big lollipop.** (But he still could, in a moment of pique.)

The rest of the professor's "silver lining" piece is a rehash of all that happened with federalizing the troops. Old news.

Expand full comment