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Judge Breyer's Decision About Trump & The National Guard -- Joyce Vance
https://joycevance.substack.com/p/judge-breyers-decision-about-trumpA few bad apples don't spoil the majority's right to protest peacefully
Long but good read.
Judge Charles Breyer, a federal judge in San Francisco, ruled Thursday evening that the administration had unlawfully federalized the National Guard and sent them onto the streets of Los Angeles. It took the Trump administration about a nanosecond to appeal his decision. Then, the Ninth Circuit Court of Appeals promptly entered an administrative stay, which means that control of the Guard, which Judge Breyer had restored to California Governor Gavin Newsom, is back in Donald Trump’s hands, at least for a brief period of time while a three-judge panel of the Court of Appeals considers the case.
That’s the state of play as we enter the weekend, where “No Kings” marches will be held across the country on Saturday. That’s the same day Trump is throwing his show-of-dictator-like-strength military parade, ostensibly to celebrate the 250th anniversary of the Army, although it also coincides with his own 79th birthday. He’s finally getting the military parade he always wanted, and lucky us, we get to pay for it. According to NBC reporting, it’s expected to cost as much as $45 million, and up to $16 million of that will be what it costs to repair streets in the nation’s capital after tanks roll over them. So, clearly, spending that is far more necessary than cancer research or free lunches for schoolchildren.
Tonight, ahead of tomorrow, which may prove to be a pivotal day for our democracy, we turn to the legal question of whether the ruling by Judge Breyer, the younger brother of now-retired Supreme Court Justice Stephen Breyer, will stand up on appeal, first to the Ninth Circuit Court of Appeals, and likely to the Supreme Court as well.
The issue in this case is another manifestation of Trump’s power grab for the presidency. The ultimate outcome will turn on whether the Supreme Court is willing to walk further down the path it is already treading towards creating a maximalist all-powerful presidency at the cost of the ability of the other two branches of government to play the role in providing checks and balances to abuses of power that the Founding Fathers assigned to them. Or to be more pointed about it, will conservative justices on the Supreme Court go all in on the unitary executive theory, given that doing so could mean Trump is our last duly and democratically elected president, at least for a while?
. . .
That’s the state of play as we enter the weekend, where “No Kings” marches will be held across the country on Saturday. That’s the same day Trump is throwing his show-of-dictator-like-strength military parade, ostensibly to celebrate the 250th anniversary of the Army, although it also coincides with his own 79th birthday. He’s finally getting the military parade he always wanted, and lucky us, we get to pay for it. According to NBC reporting, it’s expected to cost as much as $45 million, and up to $16 million of that will be what it costs to repair streets in the nation’s capital after tanks roll over them. So, clearly, spending that is far more necessary than cancer research or free lunches for schoolchildren.
Tonight, ahead of tomorrow, which may prove to be a pivotal day for our democracy, we turn to the legal question of whether the ruling by Judge Breyer, the younger brother of now-retired Supreme Court Justice Stephen Breyer, will stand up on appeal, first to the Ninth Circuit Court of Appeals, and likely to the Supreme Court as well.
The issue in this case is another manifestation of Trump’s power grab for the presidency. The ultimate outcome will turn on whether the Supreme Court is willing to walk further down the path it is already treading towards creating a maximalist all-powerful presidency at the cost of the ability of the other two branches of government to play the role in providing checks and balances to abuses of power that the Founding Fathers assigned to them. Or to be more pointed about it, will conservative justices on the Supreme Court go all in on the unitary executive theory, given that doing so could mean Trump is our last duly and democratically elected president, at least for a while?
. . .