Quote:

---

But the Biden-appointed judge said state officials’ arguments that the state was being punished or unfairly treated by the federal government were insufficient to justify blocking the surge altogether. And in a 30-page opinion, the judge said she was “particularly reluctant to take a side in the debate about the purpose behind Operation Metro Surge.”

The surge has involved about 3,000 federal officers, a size roughly triple that of the local police forces in Minneapolis and St. Paul. However, Menendez said it was difficult to assess how large or onerous a federal law enforcement presence could be before it amounted to an unconstitutional intrusion on state authority.

“There is no clear way for the Court to determine at what point Defendants’ alleged unlawful actions…becomes (sic) so problematic that they amount to unconstitutional coercion and an infringement on Minnesota’s state sovereignty,” she wrote, later adding that there is “no precedent for a court to micromanage such decisions.”

Menendez said her decision was strongly influenced by a federal appeals court’s ruling last week that blocked an order she issued reining in the tactics Homeland Security officials could use against peaceful protesters opposing the federal operation. She noted that the 8th Circuit Court of Appeals lifted her order in that separate lawsuit even though it was much more limited than the sweeping relief the state and cities sought.

“If that injunction went too far, then the one at issue here—halting the entire operation—certainly would,” the judge said in her Saturday ruling.

---