Sunday, July 13, 2025

One Ninth Cir. Judge Wants The Newsom v. Trump (Natl. Guard In LA) Case Reheard, En Banc. We Shall See -- By This Coming Friday.


You'll recall that these federal troops are only allowed to guard federal buildings and property in LA and beyond, not venture out on city streets to provoke protests, and then effectuate lawless arrests of people for exercising their First Amendment rights.

That is well settled law (for over 75 years), since they are not there at the invitation of either the Mayor or the Governor. [Tangerine has long had trouble. . . with reading the English language. Especially when he isn't proclaimed emperor over all, sua sponte. Heh.]

In any event -- Gov. Newsom is likely to keep his trial court win, as the law is very clear -- whether three appellate judges decide it in a panel, or all 20-some judges are polled at once. Here's the Friday order, as running text:

. . .A judge of this court has called for a vote to determine whether this case should be reheard en banc.

The parties are directed to file simultaneous briefs setting forth their respective positions on whether this case should be reheard en banc.

The briefs shall not exceed 15 pages unless they comply with the alternative length limitation of 4,200 words, and they shall be filed within seven (7) days of the date of this order.

[Entered: 07/11/2025 09:38 AM]. . . .


We will keep you posted (pretty promptly) from Music City -- and then the high Rockies (less promptly). . . and then, the Cascades (mostly. . . not at all!). . . smile.

नमस्ते

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