There will be no staying this injunction. And this precedent will effectively end the Illinois litigation, while setting the Supremes on a course to have to address a likely split in the Circuits, between 7 and 9, among others on the one hand, and the Fifth on the other. Here's USDC Senior Judge Breyer's excellent opinion, just handed down:
. . .The Founders designed our government to be a system of checks and balances. . . .
Defendants, however, make clear that the only check they want is a blank one. Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way -- let alone significantly. What’s more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops. In response to Plaintiffs’ motion to enjoin this conduct, Defendants take the position that, after a valid initial federalization, all subsequent re-federalizations are completely, and forever, unreviewable by the courts. Defendants’ position is contrary to law.
Accordingly, the Court ENJOINS Defendants’ federalization of California National Guard troops. . . .
Section 12406 “authorizes federalization only when one of its factual predicates is presently satisfied.” Reply at 1 (emphasis in original) (citing Portland FOFCOL at 37). Accordingly, each affirmative order authorizing federalization -- whether a subsequent, distinct federalization or what Defendants call an extension -- must comply with Section 12406’s exigency requirements at the time it is effectuated. . . . [and that -- the Noemites / Trumpians / Millerites and Feds have not done.]
Excellent news. Onward resolutely -- the Illinois version remains pending at the Supremes, for a decision, at any time. Grin.
नमस्ते
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