Monday, June 23, 2025

And We Have The Supplemental Briefs, In The Newsom v. Trump Case, At The Trial Court Level, Now...


As the appeal proceeds, it is common for most lower federal courts to keep developing the factual record, in any TRO / preliminary injunction matter (if for no other reason than that the appeal may be mooted, by facts adduced that might suggest the TRO was granted in error!). So (to be clear) I'd expect Gov. Newsom will win the right to expedited, but limited discovery here -- as it is his state's city streets being over-run by federales.

Clearly, I think the plaintiffs (Gov. Newsom, et al.) have the better argument, thus:

. . .Plaintiffs seek to conduct limited discovery that will bear on whether the federalized National Guard troops and the Marines have engaged in activities that violate the PCA, and whether federal officials are authorizing continued use of these troops in ways that would violate the PCA. To be clear, Plaintiffs would largely be seeking discovery on enforcement actions that have already taken place and generalized instructions on authorized use of these federalized troops and Marines, rather than sensitive information specific to future federal law enforcement actions. Primarily, Plaintiffs will seek documents regarding the use or deployment of the National Guard and/or military in operations that are not taking place on federal property, but rather on the streets of communities in Southern California.

This may include, but not be limited to, facts related to federal law enforcement actions involving federalized National Guard or Marines since the federalization order. Plaintiffs also would seek any protocols or rules of engagement issued, as well as any internal reports, summaries, photos, or other such evidence related to the operations or practices. . . .


Now you know. . . onward, resolutely -- but for a complete record, here is the Tangerine 2.0 nonsense, on this score.

नमस्ते

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