Newsom v. Trump, continued

You may be interested in the following items:

• The June 12, 2025 appellated documents from the Gavin Newsom versus Donald J. Trump litigation about the President’s authority to nationalize the California National Guardthe administration’s immediate appeal and request of a stay of the TRO.

• The administration’s Emergency Motion for Stay Pending Appeal
• The Plaintiff’s Opposition to Motion for Administrative Stay and Proposed Briefing Schedule On Motion For Stay Pending Appeal which requested a expedited briefing schedule before the court decided on a stay, as was done with the original TRO request.
• The Ninth Circuit order granting a stay with an expedited briefing schedule and hearing scheduled for Tuesday, June 17, 2025. We see again a presumption in favor of the regularity of the government’s action at both the District Court and the Court of Appeals level, but both courts preparing for quick consideration.

• A NYT column by Michel R. Moore entitled, I Ran the L.A.P.D. I Know What Happens When Troops Are Sent to American Cities. The most critical paragraph is the following:  

This is not just a matter of proper procedure. Without a unified command structure, clear rules of engagement and accountability mechanisms, introducing military personnel into a volatile environment introduces more risk than reassurance. Who’s in charge? What are the rules? What happens when missions conflict or orders diverge? These are not questions to be figured out after boots hit the ground.

• A June 13, 2025 Las Vegas Sun report by  Ned Barnett entitled, Hotline for soldiers swamped with worries about order to enter LA. This raises but does not answer the fact-dependent issue of the legal rights of members of the military assigned to perform duties similar to those of the nationalized California National Guard, although the Legal Military Law Task Force of the National Lawyers Guild is a sponsor of the Hotline.

• The June 13, 2025 memorandum and order by Judge Denise J. Casper of the District of Massachusetts blocking Mr. Trump’s order that demanded that new voters supply proof of citizenship and withheld funding from states that counted ballots beyond Election Day.

• The June 13, 2025 order by Judge Susan Illston of the Northern District of California that the State Department to temporarily hold off on firing nearly 1,900 employees on Saturday as planned.