Judge Charles Breyer says Trump sent NG troops into LA Illegally

[Anonymous]

Of course. The SC will overturn judge Breyer decision.

https://l.smartnews.com/p-lL0WyDf/Lo1z1S

[Anonymous]

As they should.

[Anonymous]

Looking forward to scotus. What a joke liberal Breyer’s brother is to get drawn into this. Congress made clear that this falls in presidential power. Shame on Roberts for not reining in these ridiculous rulings earlier.

[Anonymous]

Already appealed and he stayed his own order lol.

[Anonymous]

Don't see how this doesn't go straight to SCOTUS in some form. SCOTUS hasn't been happy with some of the Trump EOs but they've also been very unhappy with a lot of the lower courts too.

[Anonymous]

Sorry Newsom, you aren’t the commander in chief even if you are good at selecting San Fran judges.

Curious if the 9th circuit plays this game and makes scotus overturn it.

[Anonymous]

Congress clearly spelled out when and how the president can federalize the National Guard. And here, President Trump did not do any of it.

There's some IANAL on twitter saying that because the statute says "shall" instead of "must" that Trump doesn't have to go through Newsom. Bro...

[Anonymous]

Anonymous wrote:Don't see how this doesn't go straight to SCOTUS in some form. SCOTUS hasn't been happy with some of the Trump EOs but they've also been very unhappy with a lot of the lower courts too.

Only goes to SCOTUS if the higher courts don’t overturn it first.

[Anonymous]

Anonymous wrote:Congress clearly spelled out when and how the president can federalize the National Guard. And here, President Trump did not do any of it.

There's some IANAL on twitter saying that because the statute says "shall" instead of "must" that Trump doesn't have to go through Newsom. Bro...

A president doesn’t need a governor’s permission. See Nixon.

[Anonymous]

How fascinating 83 year old Breyer produced a 36 page opinion four hours after hearing the case! I’m sure he weighed the importance of article 11 powers in that…four hours.

[Anonymous]

Anonymous wrote:Sorry Newsom, you aren’t the commander in chief even if you are good at selecting San Fran judges.

Curious if the 9th circuit plays this game and makes scotus overturn it.

The statute trump used literally says “Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.”

[Anonymous]

Anonymous wrote:How fascinating 83 year old Breyer produced a 36 page opinion four hours after hearing the case! I’m sure he weighed the importance of article 11 powers in that…four hours.

He had the briefs already. A hearing can sometimes be determinitive but the judge could already have decided and maybe just hae one or two questions left.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Congress clearly spelled out when and how the president can federalize the National Guard. And here, President Trump did not do any of it.

There's some IANAL on twitter saying that because the statute says "shall" instead of "must" that Trump doesn't have to go through Newsom. Bro...

A president doesn’t need a governor’s permission. See Nixon.

He does when the law says he does.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Sorry Newsom, you aren’t the commander in chief even if you are good at selecting San Fran judges.

Curious if the 9th circuit plays this game and makes scotus overturn it.

The statute trump used literally says “Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.”

He called the governor but doesn’t need his permission. History has shown this. A governor doesn’t control the military. It’s the president’s determination what the threat level is and it’s for the electorate to handle if he oversteps, not the judiciary.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Congress clearly spelled out when and how the president can federalize the National Guard. And here, President Trump did not do any of it.

There's some IANAL on twitter saying that because the statute says "shall" instead of "must" that Trump doesn't have to go through Newsom. Bro...

A president doesn’t need a governor’s permission. See Nixon.

He does when the law says he does.

The law doesn’t say Newsom has to approve, and history has shown the president can act without a governor.

Imagine two states going to war with each other’s state guards. You think the president needs a governor’s permission to squash that with federal force? Get real.

This is going nowhere.