Jun 13, 2025, 5:17 AM

SCATHING ruling against Trump's National Guard crackdown in LA.

In his ruling (excerpted below), you can hear Judge Breyer scoffing at Homeland Security's misguided and empty justification for inciting violence against the people. This should hold implications for actions in other states.

(Based on terrific analysis of the case by Law Professor Heidi Li Feldman @heidilifeldman )

#LAProtest #FreeSpeech #DJT #ICE #nationalguard

NEWSOM vs TRUMP - Judge Rules: Crackdown was ILLEGAL

“The Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not.

His actions were illegal—both exceeding the scope of his statutory authority and violating the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.

By law, Pres may only federalize Nat Guard of a State if U.S. is (about to be) invaded or there is a (imminent) rebellion against U.S. govt or if Pres is unable to execute fed laws with regular forces.

[T]he Court is troubled by the implication inherent in Defendants’ argument that protest against the federal government [a First Amendment right, constitutes] rebellion.

[C]ourts have repeatedly reaffirmed that peaceful protest does not lose its protection merely because some isolated individuals act violently outside the protections of the First Amendment…”

Bottom line: The Court says the President doesn’t get to define “rebellion” or deploy armed forces any old way he pleases. Free speech and States’ Rights still apply.