Ninth Circuit Ruling Kneecaps Sanctuary Cities and States

A court case that began during Donald Trump’s first stint as the Commander in Chief has resulted in a favorable ruling just as he prepares for round two.

The Ninth Circuit Court of Appeals has ruled unanimously that the federal government retains the authority to deport foreign nationals in the U.S. illegally, even over the objections of local governments. The three-judge panel’s decision affirmed a lower court’s ruling that a 2019 executive order by King County, Washington, violated federal law.

King County, Washington, might take this to the High Court, but if they lose, it’s all over and a bag of chips for everyone, not that this isn’t already an issue.

The court found that [King County Executive Dow Constantine’ issued an’s executive] order violated the Constitution’s Supremacy Clause by interfering with federal operations. Specifically, the judges ruled that the executive order:

1. Discriminated Against the Federal Government: The order “improperly regulated the way in which the federal government transported noncitizen detainees” by preventing ICE from utilizing private FBO contractors at the airport.
2. Increased Federal Costs: The inability to use the airport forced ICE to reroute flights, raising operational expenses and creating logistical challenges. The court deemed this a concrete and individualized injury to the federal government.
3. Violated the Instrument of Transfer Agreement: The agreement explicitly allowed the federal government to use the airfield, making the county’s restrictions unlawful.

The judges concluded that King County’s order was ideologically driven and lacked a legal basis to obstruct federal deportation efforts.

I suppose a review by the full Ninth Circuit would come before a trip to DC (I don’t know for sure), but if the full 9th were to side with local government, the incoming Trump administration could be expected to challenge that, and then we’re off to the races.

What exactly happens at the Highest court is anyone’s guess. Despite the lopsided conservative Court, almost anything is possible. But for the time being, local sanctuary policies just got kneecapped. Refusing to help will likely rule the day in states like Massachusetts and California, but Tom Homan has already indicated, in so many words, that he doesn’t care nor need their help. He’ll get the criminal aliens and deport them and then (perhaps) recommend that the unhelpful louts or states or cities be prosecuted for obstruction of Justice if they get in the way.

So, stay out of the way.

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