Earlier this week, the U.S. appeals court in San Francisco heard arguments in Gavin Newsom v. Donald Trump on whether the president can dispatch troops to quell the Los Angeles riots. But the judges first should realize that the Constitution gives them little right to second-guess the executive’s exercise of powers over the military during an emergency. If they press ahead to exercise judicial review over the deployment, they will not only disregard the limits on their own powers, but they will also undermine the national government’s ability to act decisively in moments of crisis.
Two weeks of anti-ICE riots in Los Angeles called for decisive presidential action. Television news video displayed violence that obstructed the enforcement of federal immigration law. Protesters launched violent riots to forcibly blockade and enter federal buildings, attack federal officers, and prevent Department of Homeland Security agents from carrying out their duties. Protesters shut down freeways, set cars on fire, and attacked traffic. Disorder spread to other cities, such as Austin, Chicago, and Denver.
Comments