Gavin Newsom’s legislative minions just got a lesson in constitutional supremacy
What made this law even worse was its threat to criminally prosecute federal agents. This is especially ironic because California attempted to do with the NVA what the Supreme Court specifically told the state it couldn’t do 136 years ago in another seminal case, In re Neagle (1890), also cited by the Ninth Circuit panel. That decision reads like a Hollywood movie but also demonstrates just how bizarre state officials have acted in California for a long time, not just in today’s heated political arena.
In re Neagle involved the state of California trying to prosecute a U.S. Marshal for murder. Marshal David Neagle was acting as a bodyguard for Supreme Court Justice Stephen Field, a job the U.S. Marshal’s Service still carries out today. He shot and killed the former chief justice of California’s state supreme court, David Terry, at a railway station in the San Joaquin Valley, after Terry tried to assassinate Field. Terry was known for his violent temper and apparently had a grudge against Field for a court decision involving the prior divorce of Terry’s current wife.
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The Ninth Circuit quoted the Supreme Court’s opinion in Neagle that even the "most unquestionable and most universally applicable of state laws, such as those concerning murder, will not be allowed to control the conduct a marshal of the United States acting under and in pursuance of the laws of the United States." California couldn’t prosecute a U.S. Marshal then for doing his job, and it cannot criminally prosecute federal agents now who are "acting under and in pursuance of the [immigration] laws of the United States." End of story, end of case, end of unconstitutional state law.
By the way, a second law enacted by California’s constitutionally ignorant legislators, the "No Secret Police Act," was already enjoined by a lower court for the same reason. That law made it a criminal offense for federal agents to wear "a facial covering that conceals or obscures their facial identity." You know, the same agents who have been villainized, doxxed, followed home, harassed, run down by cars, and shot at by thugs who masquerade as protesters.
As the Ninth Circuit correctly recognized, the lawlessness occurring in California is not limited to thugs. Perhaps some remedial courses on the Constitution for Governor Newsom and the California legislature may be in order.
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