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Newson v. Trump, and more

Jun 13, 2025

Newson v. Trump, and more

  • The June 12, 2025 documents from the Gavin Newsom versus Donald J. Trump litigation about the President’s authority to nationalize the California National Guard
    • The Defendants’ Corrected Opposition to Plaintiffs’ Motion for a Temporary Restraining Order
    • The Plaintiff’s Reply Brief
    • The Order of Judge Charles Breyer of the Northern District of California Granting Plaintiffs’ Application for Temporary Restraining Order. The judge began with a discussion of the merits focusing on
      • statutory substantive requirements,
        • justiciability, in short to what extent may the President’s discretionary decision be reviewed,
        • the significance the statutory term rebellion, and
        • the significance of an inability to enforce federal laws,
      • statutory procedural requirements
      • the Posse Comitatus Act limits
      • the Tenth Amendment of the US Constitution limits
    • The judge also discussed the likelihood of irreparable harm, the balance of equities and the public interest

We will find out if this is another case in which the appellate courts defer to the administration’s immediate appeal and request of a stay of the TRO.

  • A PBS June 10, 2025 segment entitled, Retired military leaders analyze deployment in LA and discuss the rules applicable to members of the military participating in the LA activities.  You may also want to consider supporting PBS as the House voted earlier on June 11 to rescind funds previously appropriated to the network and its affiliates and the President’s budget has no funds for the network and its affiliates.

  • A Just Security column by Profs. William Banks and Mark Nevitt entitled, The Mounting Crisis of Militarizing Immigration Enforcement.  The authors focus considerable attention on something not under consideration by Judge Breyer, 287 (g) programs, added to the Immigration and Naturalization Act in 1996, delegates immigration enforcement to state and local law enforcement agencies as prescribed in individual memorandums of agreement with ICE.

  • The March 6, 205 response of Georgetown Law School Dean William M. Treanor to an earlier letter from the acting US attorney for DC, Edward R. Martin, Jr. that Bill Simon mentioned when discussing the June 65, 2025 YLS Alumni Network to Strengthen Democracy program entitled, The Fight to Defend Out Legal Institutions.

  • The June 12, 2025 memo by Marya C. Kolman entitled, Possible Need for Consulting Attorneys for Community Mediation Centers, which a Marya suggested may be an area some of us may wish to consider supporting in places around the country.