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ancianita

(40,591 posts)
Mon Jun 9, 2025, 09:13 PM 20 hrs ago

Read Governor Newsom's Lawsuit Challenging Trump's Mobilization of the National Guard -- 22 pages

https://archive.ph/mSQ4H

The lawsuit argues that President Trump’s federalization of the state’s National Guard was illegal because the move bypassed California’s governor, Gavin Newsom, and because it violated the Tenth Amendment, which protects state rights.


https://www.nytimes.com/interactive/2025/06/09/us/ecf-1-complaint-ng.html

Can't locate a courtlistener filing link, sorry.

10 replies = new reply since forum marked as read
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Tarzanrock

(1,037 posts)
2. It's rather interesting that they are bringing the action in the San Francisco District
Mon Jun 9, 2025, 09:21 PM
20 hrs ago

of the U.S. District Court for Northern California. I wonder if it will get transferred to the U.S. District Court for the Central District of California in Los Angeles?

ancianita

(40,591 posts)
3. Good question. I think it's not the location of the mobilization, but the location of the action against the plaintiff
Mon Jun 9, 2025, 09:34 PM
19 hrs ago

If I understand this correctly (though I'm no lawyer), the attorney general locates the unconstitutional act in the jurisdiction of where the felon tried to ignore the constitutional right of the governor. I trust AG Rob Bonta to correctly file in the right jurisdiction. Hope that sounds logical?

Tarzanrock

(1,037 posts)
6. The USDC for the Central District of California in Los Angeles seems to be the proper venue.
Mon Jun 9, 2025, 09:45 PM
19 hrs ago

My guess is that the US Justice Department will move for a change of venue. Under 28 U.S.C. § 1404, a district court can transfer a civil action to another district or division where it could have been brought, for the convenience of parties and witnesses, and in the interest of justice.

ancianita

(40,591 posts)
7. Okay, then. I'll take your word for it. But the motion might be denied and support the AG's decision. We'll see.
Mon Jun 9, 2025, 09:54 PM
19 hrs ago

Tarzanrock

(1,037 posts)
4. Note paragraph 24 of the operative Complaint
Mon Jun 9, 2025, 09:35 PM
19 hrs ago

Page 5, paragraph 24 of the operative Complaint:
"24. In all, the Department of Homeland Security reported that its enforcement activities on Friday, June 6, resulted in the arrest of approximately 44 individuals and 70 - 80 people detained in total."

Now, think for a second, about the tens of millions of taxpayer dollars expended for the Turd-Fuhrer's grandstanding and intentionally "terrorizing" the people of Los Angeles with his Gestapo goons!

ancianita

(40,591 posts)
5. I hear you. And it's terrible. But this is about the governor's constitutional due process rights.
Mon Jun 9, 2025, 09:44 PM
19 hrs ago

Denying those rights likely led to other harms caused to CA individuals. But it should be a slam dunk win for Newsom (though the time lag on dockets can be nerve wracking, though this case is so big it will likely get expeditious judicial treatment) and reinforce judicial precedent so the felon won't try it in other states during this weekend or after.

Tarzanrock

(1,037 posts)
8. The Prayer for Relief is interesting.
Mon Jun 9, 2025, 09:55 PM
19 hrs ago

It seeks a declaration of invalidity; injunctive relief; and, an award to the State of California for its "costs and attorney's fees." Assuming California prevails in this matter, I wonder just how broad those "costs" will be interpreted to be?

ancianita

(40,591 posts)
9. The more appeals, the greater the costs for the loser felon. But the felon doesn't care, he's got billions, right?
Mon Jun 9, 2025, 10:06 PM
19 hrs ago

Ms. Toad

(37,062 posts)
10. Not much to interpret.
Mon Jun 9, 2025, 10:21 PM
19 hrs ago

Court costs are routine and set by the court. Attorney fees are calculated like any routine legal bill.

Even though virtually all civil matters request attorney fees and court costs, the US doesn't have a loser pays system, so unless there is a legal basis (generally statutory) making an exception, each side pays its own bills. (In other words, it is a standard part of virtually all prayers for relief - you throw it in just to make sure you are protecting your client if this is one of the cases where the winner is permitted to make the loser pay.)

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