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BREAKING: Judge Rules Trump Cannot Use the National Guard to Stop Riots in Los Angeles

AP Photo/Etienne Laurent

Sometimes we hate to be right …

The proverbial ink was barely dry on our post entitled ‘LAWSPLAINING: Uh-oh. Judge Breyer Is Probably Going to Rule That Trump Cannot Call Out the Military in LA‘ when we got the news that our prediction was correct.

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We won’t go through the blow-by-blow right now (that last post helps you to understand the legal issues, though), because this is breaking news. But we will note that he basically defied Supreme Court precedent on whether or not a judge could decide if there is a rebellion in America, and claimed that Trump didn’t quite follow the technical procedure for federalizing the national guard.

Also, hilariously, he defined rebellion in a way that would mean that Trump definitely wasn’t guilty of insurrection on January 6, 2021.

And we will add that there is no way this judge wrote this 36 page opinion this quickly. We believe the majority of it was written before oral argument today, barely giving the Trump administration a chance to actually address the arguments.

In any case, it’s an outrageous decision overall, but there are two bright spots. First, it doesn’t address Trump’s deployment of the Marines and so he is technically allowed to do what he wants on that score. Second, the order is stayed until noon tomorrow. We expect Trump will file an appeal imminently and will work their way up the food chain until they at least get a stay.

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On to reactions:

But getting two thirds of the Senate to remove such a judge is a tricky prospect at best.

That is probably a reference to the apocryphal claim that Andew Jackson once said that Justice Marshall had made his ruling, let him enforce it. Whether Jackson actually said it or not, Jackson very much took that attitude. But we won’t bore you with the details, but there is a critical difference between Jackson’s inaction back then, and this situation. With Jackson, while the Supreme Court had ruled on the underlying legal dispute involved, the Court had not ordered anyone to do anything, let alone the Jackson or any member of the executive branch. So, this would be a slightly different situation. Trump would have to actively defy an this order.

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It is certainly threatening to turn America into a true oligarchy.

Um, no.

Finally:

We take her to mean that basically every Federal Judge is effectively the President. But we do not believe that the Supreme Court will allow this to stand. We expect a quick stay at the very least, because unlike these dingbat lower court judges, Roberts and the other conservatives know they cannot tread on a president’s commander-in-chief powers and certainly not in such a hurried, haphazard and slapdash way.

RELATED: LAWSPLAINING: Uh-oh. Judge Breyer Is Probably Going to Rule That Trump Cannot Call Out the Military in LA

DOJ’s Opposition to Newsom’s Motion for Restraining Order Has an Embarrassing Mistake (And a Deep Dive)

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Editor’s Note: Radical leftist judges are doing everything they can to hamstring President Trump’s agenda to make America great again.

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