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Attorney general's office tells House Judiciary Committee S.208 faces uphill court fight after Ninth Circuit decision
Summary
At a House Judiciary Committee briefing, Julio Thompson of the attorney general's civil rights unit said a recent Ninth Circuit ruling raises federalism and preemption questions that make defending S.208 — which limits masking and sets officer identification requirements — legally risky; members discussed pursuing a model policy through the Criminal Justice Council instead.
On Tuesday, the House Judiciary Committee heard from Julio Thompson, co-director of the attorney general's civil rights unit, who said a recent Ninth Circuit opinion raises federalism and preemption questions that could make defending S.208 in court difficult.
Thompson told the committee that "the court issued its decision on April 22" and explained the procedural options the losing party has in that circuit, including a 14-day window to seek reconsideration by a three-judge panel or to petition for en banc review by a majority of the circuit's 29 active judges. He said the appeals court opinion focused on whether a state law that appears neutral on its face nonetheless impermissibly regulates federal law enforcement by dictating how federal agents may carry out their duties.
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