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https://ethicsalarms.com/2025/06/13/another-day-another-partisan-judge-tries-to-foil-the-president-another-libertarian-shows-bias-has-made-him-stupid/
Another Day, Another Partisan Judge Tries To Foil the President, Another Libertarian Shows Bias Has Made Him Stupid…
June 13, 2025 / Jack Marshall
And another irresponsible and partisan court ruling is stayed…
Last night, in Newsom v. Trump, Federal District Court Judge Charles
Breyer issued a ruling against President Donald Trump’s federalization
of some 4000 California National Guard troops without California
Governor Newsom’s request to stop the violent protests against ICE deportations in Los Angeles.
Gee, what a surprise: the judge is the brother of retired knee-jerk
progressive Supreme Court Justice Stephen Breyer. With amazing speed,
Reason had a “Yay team!” essay to post by libertarian legal scholar Ilya Somin, who wrote, “Judge Breyer’s opinion strikes me as impressive and compelling.”
That’s odd: Breyer’s opinion strikes me as “it isn’t what it is” partisan junk, and plainly so. Somin’s defense of it struck me as
libertarian junk. Somin:
“As Judge Breyer explains, National Guard troops are normally under the control of their state governments, and can only be federalized in
narrowly specified emergency circumstances. The statute Trump relied on
to federalize California National Guard troops, 10 U.S.C. Section 12406,
can only be used in one of the following situations:
1) the United States, or any of the Commonwealths or possessions, is
invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority
of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws
of the United States
The professor then writes that (2), the obvious justification being used
by Trump, doesn’t work because “there is no rebellion.” There isn’t? Democratic cities across the country have been refusing to allow illegal
aliens to be arrested and deported and openly defying Federal law. Now
the “sanctuary cities” are allowing those illegals and their supporters
to riot and endanger ICE agents while mayors and governors call the
protests “peaceful” (and some governors call the Ice Agents “the Gustapo”…)
Rebelling against Federal law is a rebellion.
Breyer’s opinion did not even mention President Johnson sending in the
Guard to Birmingham, Alabama without Governor George Wallace’s assent,
the famous precedent for Trump’s action. How convenient.
Then, after Reason’s applause, the U.S. 9th Circuit Court of Appeals
paused Breyer’s order A three-judge panel on the 9th Circuit scheduled a hearing in the case five days from now.
Sooner or later, Trump’s move will be ruled ethical, legal and legitimate.
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