1mo ago

First Hearing In California’s Lawsuit Against Trump’s Deployment Gets Underway

Judge Orders Trump To Return Control Of National Guard To Newsom

3 comments

I’m cynical, but isn’t this just going to the Supreme Court to be decided by those 5 assholes based on their reasons?
And chances are those reasons will be batshit?
So what we are really watching here the required preliminaries for a ruling that will cripple the country
- Technically it’s 6 assholes, but yeah, will probably be 5-4 as either ACB or Roberts plays the good guy and votes with morality.
This lawsuit is on a really narrow ground: the law says that when the president calls up a state guard into federal service, the orders must issue through the state governor.
In this case, the President wrote the words "Through: The Governor of California" at the top of the memos. But he never actually sent anything to Gavin Newsom, or gave California any formal notice at all.
This suit also doesn't challenge the active duty marines, which are indisputably under Trump's chain of command. But they can't do domestic law enforcement unless the Insurrection Act is invoked (it hasn't, formally).