‼️The Seventh Circuit has upheld District Court temporary restraining order against Trump deploying federalized National Guard in Chicago https://storage.courtlistener.com/recap/gov.uscourts.ca7.54985/gov.uscourts.ca7.54985.26.0.pdf. #LawFedi 1/
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@heidilifeldman Stephen Miller & Russ Vought need more of such impressive legal broadsides across the bow to understand when it's time to pack their bags!!!
The 3 judge panel deferred to Judge Ellis’ fact-finding, including her determination that the Trump regime’s declarants were not credible. 2/
“Where the declarations of the administration conflicted with the declarations of state and local law
enforcement concerning conditions on the ground, the court
made a credibility determination in plaintiffs’ favor. In partic-
ular, the court found that all three of the federal government’s
declarations from those with firsthand knowledge were unre-
liable to the extent they omitted material information or were
undermined by independent, objective evidence.” 3/
This is important bc when the fight over the statutory propriety of Trump’s National Guard deployments reaches the Supreme Court, I expect a - maybe the - central issue to be whether judges have to take the executive branch’s factfinding at face value. This would be absurd, esp given the Trump regime’s constant, documented lying but the 9th circuit seemed sympathetic to this position at oral arg in a case out of Oregon. 4/
@heidilifeldman Thomas will believe anything that comes with a luxury vacation and a ride on a yacht.
We specialize in absurd now. I would put money on SCOTUS doing whatever advances the goals of Project 2025 and the Federalist Society.
The Trump regime argued to both the 7th and 9th Circuits that courts cannot review a President’s decision to federalize and deploy Nat Guard troops. Today, the 7th Cir wholly rejects that contention. “Nothing in
the text of § 12406 makes the President the sole judge of
whether these preconditions exist. It follows that the Presi-
dent’s decision to federalize and deploy the National Guard
under the statute is reviewable.” 5/
When the 7th Cir turns to interpreting the preconditions specified in Sec 12406, the court stresses, “Political opposition is not rebellion.” 6/
The court emphasizes that constitutionally protected protest activities are not rebellions. “A protest does not become a rebellion
merely because the protestors advocate for myriad legal or
policy changes, are well organized, call for significant changes
to the structure of the U.S. government, use civil disobedience
as a form of protest, or exercise their Second Amendment
right to carry firearms as the law currently allows. … 7/
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