[U X3: TRO Granted; Appeal Filed.] Teeing Up The Argument, For Gov. Newsom In SF Federal Court Later This Afternoon...

This too will be a fireworks show, tonight, Eastern time -- and the opinion is here. but it will probably Trump appealed his complete loss; and the Ninth will hear it June 17. be tomorrow or later So, it will be after June 23 by the time we will see the published Ninth Circuit opinions.

UPDATED @ 11 PM EDT -- As I guessed, no ruling from the bench; and after an hour of argument. . . he ruled six hours later. Earlier, this was entered: ". . .Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held on 6/12/2025 - Re [8] First Ex Parte Application Motion for a Temporary Restraining Order filed by State of California, Gavin Newsom. Motion taken under submission. The Court will issue an order. (Total Time in Court: 1 Hour and 9 Minutes). . . ."

So we may have to wait a day or two to know. End, updated portion.

Tangerine 2.0 claims, but does not substantiate (in any controlling law text or Constitutional provision), the right to rule as a de facto military junta. He will be set straight. He cannot roll uninvited into LA. Period. Here's 20 pages of California's latest, and a bit of it:

. . .President Trump and his fellow Defendants advance a breathtaking vision of unlimited, unreviewable executive power. As they see things, 10 U.S.C. § 12406 allows the President to federalize a State’s national guard and send armed soldiers onto American streets whenever the President perceives “opposition” to federal authority or “[d]isobedience of a legal command,” Opp. 14; the President may do so without “consent or input” from the Governor of that State, id. at 17; the statutory requirement that orders “shall be issued through the governor[]” may be satisfied by the federal Secretary of Defense stamping those words on the face of the order, id.; and any invocation of the Section 12406 authority is “unreviewable” by an Article III court -- regardless of the circumstances, id. at 10.

What is more, Defendants insist that “the Posse Comitatus Act does not apply” to federalized guard units once the President has unilaterally invoked Section 12406 in this way. . . [That is plainly. . . error.]

As explained in the motion and this reply, the State is likely to succeed on its claims that Defendants lack authority to use the National Guard and Marine Corps units in this way. The tailored relief requested by the State is necessary to avoid further escalation of an already tense and perilous situation. . . .

[Tangerine 2.0] Defendants do not contend that the circumstances on June 7 or June 9 amounted to an invasion or “danger of invasion by a foreign nation.” 10 U.S.C. § 12406(1). And their arguments about the remaining predicates of Section 12406 are unpersuasive. . . .

[And, in any event, as has been true for decades prior,] they may use federal troops and officers to protect federal facilities, and personnel at those facilities, while this litigation proceeds. . . .

Do stay tuned. Excellent -- just. . . excellent. Onward.

नमस्ते