Not at all surprised by this ruling. We can only hope that Judge Breyer will issue his order that gives the power back to the governor, as it should be.
tRump is already emboldened by the 9th CA ruling, threatening more active-duty military call-ups in service of ICE roundups in "Democrat-run" cities nationwide, which is indeed a credible threat, as they say in national-security circles.
Give tRump an inch, he'll take a mile, just wait and see.
Is it necessary to conflate our horrible president with a secondary sex characteristic thats celebrated in sculpture and painting? I view capitalizing the "R" in the pres' last name comparable to using the C-word for female genitals as an epithet.
The names of body parts should not be expressed as epithets.
I would add that there is at least one member of that family who has been doing a great job of criticizing her uncle in books and otherwise, and who is a truly decent human being.
So the 9th Circuit believes that Trump would prevail on the claim that he can use the 3rd prong of 10 U.S.C. § 12406 to federalize the National Guard? Why? The 3rd prong allows federalization of the Guard when the President "is unable with the regular forces" to execute the laws of the United States. Since when were "the regular forces" (i.e., California's own law enforcement forces) unable to handle what was going on in the (mostly peaceful) L.A. protests? Where exactly is the evidence that "the regular forces" weren't adequately executing the laws of the U.S.? Umm .... nowhere, because it's baloney. Trump's response was a transparent excuse to intimidate protesters who were exercising their constitutionally protected rights to free speech - as dictators love to do. To the 9th Circuit: et tu, Brute?
LAPD and LASD were busting heads, gassing, shooting "less-than-lethal projectiles willy-nilly, and generally doing what they do best: RIOTING. Absolutely NO need for the CNG or Marines here, when piggies are going nutz over protestors.
are you on the spot in LA? that is contrary to any reports I have read or pictures I have seen. I thought ICE was doing those things, but not the regular LA police.
I’m sure he wouldn’t be writing the Truth Social posts on this or any other substantive issue. He is too cognitively impaired and illiterate to write anything but rants.
"An assessment of the facts and law within a range of honest judgment" - Trump can't possibly understand what that means. 'His people' pour on the syrup, corrupting the ruling to humor him, and making their day a little easier.
Joyce’s clear explanation of where this suit stands, Judge Breyer should have no difficulty ordering power back to the governor. Has to be this way or it will punish all states. Fingers crossed, of course.
I refer, once again, to HITLER’S FIRST HUNDRED DAYS, by Peter Fritzsche: it is clear to me that Stephen “Lil Joe Goebbels” Miller has read the book, although of course, never having read ANY book, Forrest Trump has not. As I predicted months ago in my own, little Substack (almost 80 subs! Totally free!), they came for the judiciary and will continue to do so. Has this cowed the judges? Probably not in this particular case because of the composition of the panel, but it certainly will in the future. We are hanging by the proverbial thread. When will the Reichstag Fire come that will enable Forrest Trump to declare martial law? I think he had hope the LA Raids might do it, but then the pesky Israeli/Iran war intruded — and I note for the record that Forrest’s withdrawal from the agreement entered into by Obama is a DIRECT contribution to the current situation. “Stupid is as stupid does” — Forrest Trump.
I've been saying the same thing about judges & what happens to them under a dictatorship.
Can I offer a different Nazi character to describe Miller? I see him in a Nazi uniform with round wire-rimmed glasses as a doppelganger for Heinrich Himmler! Joseph Goebbels is indeed despicable, I see Tucker Carlson & FOX "news" in general as the Goebbels character. But I see Himmler in the evil that both he & Miller exude. Miller is walking, talking evil incarnate! Don't get me wrong, so was Goebbels but there was just a bunch more evil in Himmler. Goebbels was an enabler, Himmler was the architect & enforcer.
I don't really know which is worse, but in my book Himmler wins the prize for most evil.
I have referred to Miller as “Lil Joe G” for quite some time. Self-loathing homunculus. However, I take your point. Himmler was clearly more evil than Goebbels. But with any luck, Miller and his boss will meet the same fate as Himmler and Goebbels.
It's weird, Marlene. He's Jewish, but looking so much like a Nazi--and acting like one towards immigrants--and more specifically, like Eichman. I don't know what's the matter with Miller. His family doesn't seem to like him, so it's not as if he grew up in a bad family.
If/when 47 bombs Iran, there will be plenty of anti-war protestors to arrest. More than enough to send out the martial law proclamation. That’s one reason I believe 47 will send out the bombers.
I find this sickening. This president is incompetent on the world stage and breaks the US Constitution daily, and yet the courts won't stop him. There's no excuse for this.
One problem, it seems to me, is that the country will hear him crowing about how the courts supported him and his right to bring in the Guard, that he has the judiciary's blessing to take control as the law and order president, that he will protect the people while the governor, who happens to be a Democrat, is incompetent. So those who love the idea of the president as protector and overseer of law, even though he has broken laws himself, will continue to cheer him, while the Ds seem yet to get a strong message across. I saw Adam Schiff on MSNBC recently, and while I like him, he's so measured, so unemotional, so calm in the face of all of this, that his concerns barely register. The people want theater. They like theater. Can the Ds give it to them? We can only hope so!
Senator Padilla, Senator Slotkin's take down of Hegseth (a thing of beauty), Gov. Pritzker's fiery speeches, are among many of our leaders who are standing up and refusing to be silenced. Encouraging!
I have those same feelings too, Nancy, about Schiff, but I have seen him go off in hearings. The Dems are lucky to have Jasmine Crockett, Jake Moskowitz, , Jamie Raskin, Melanie Stansbury, Chris Murphy, Dan Goldman, Maxwell Frost, AOC, Swalwell, Casar, Stacy Plaskett, Ayanna Presley, Ilan Omar, Pramila Jayapal, and Alex Padilla, among others. I mention their names because they are all the very progressive and relatively young, outside of Raskin. They are a very diverse group who have A LOT to say about the state of our union! I certainly hope they carry the torch and I vote for Jasmine to be a leader. She is an absolute force!
...we are persuaded that, under longstanding precedent interpreting the statutory predecessor to § 12406, our review of that decision must be highly deferential. Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when “the
President is unable with the regular forces to execute the laws of the United States.”
Normally the burden of proof would be otherwise. The president should have a "rational basis."
In a footnote it says the complainants didn't assert the APA, Administrative Procedure Act before Judge Breyer. Even if the president is given deference, under the APA, a rational basis should be required.
the current President is unable with his usual mental and physical capacities to execute anything past his next helping of Diet Coke and hamberders with ketchup. That should not allow him to send the National Guard or Marines into a state that does not need them. The courts should have the backbone and/or integrity to ask for SOME evidence of need. A precedent from 1824 or so badly needs re-examining anyway.
So SCOTUS gives the Felon complete immunity thereby giving him a free pass on lawlessness. Now the 9th Circuit has given him the green light to muster the National Guard against U.S. citizens. I wonder when they are going to consider exactly what this means for the PEOPLE which this government is supposed to be of, by and for.
What pressure has been applied to date? It seems the only countenance the legacy media and podcasts are attracted to is direct confrontation that results in injury. I like the analysis by Joyce...there is hope: our Flag Day demonstrations and the parade duty GIs hoofing in "at ease" pace is totally gratifying.
I support any and all voices who deride the Connies over and over...that's pressure.
Sadly the Ninth Circuit does not take seriously enough how any decision, though partial, becomes propagandized and even more egregiously misused by the Fascist in chief being directed by miller and vought among others. The Ninth Circuit act rationally in this 151 days of irrationality. That's all it is. 151 days. 500 days, give or take to the mid-terms. Let's work hard to grow the opposition to 12 million. And more.
This could turn out to be one of those 'be careful what you wish for' decisions once a Democrat resumes control of the Executive Branch. But in the meantime, shit!
The key to remember here, despite all the smoke surrounding it, as Joyce points out, is that the 9th Circuit ruling makes clear that courts (i.e. other courts in other districts and circuits) do have a say in the president deploying troops for civilian purposes. Apart from the usual social media sputum, and considering the appeals process certainly has just begun, this is no all-purpose pass for the wannabe dictator.
This is total BS. Are we really depending on the courts? I sure as heck am not. He wins a lot by appealing and appealing and appealing again. This is just gonna give him permission to go into Chicago, New York etc. I’m sorry for the negativity this morning, but looks to me like we are screwed
I agree. This summer should afford a shift in consumer thinking when tariffs hit the shelves. We also must think about the 2026 election. Will we get to vote? Will our votes be counted? Am I a fool who thinks that, aye, we will vote, but will be ignored by the Connies? More will be revealed, until then I enjoy watching the court poking the fat rats.
I appreciate the careful parsing of the limits of the decision, as well. However, the cult will assign Trump "apparent full authority" to employ states' national guards to achieve Miller's quota this summer in select Democrat cities
Thank you for the clarification Joyce. As always you make these cases easy to understand for laypeople like myself and ease our minds. This is why I search for your substack every time I open my mail.
The courts continue to make rulings based on statutes about normal presidents, refusing to acknowledge that trump is not a normal president, but a lawless felon.
Not at all surprised by this ruling. We can only hope that Judge Breyer will issue his order that gives the power back to the governor, as it should be.
tRump is already emboldened by the 9th CA ruling, threatening more active-duty military call-ups in service of ICE roundups in "Democrat-run" cities nationwide, which is indeed a credible threat, as they say in national-security circles.
Give tRump an inch, he'll take a mile, just wait and see.
Is it necessary to conflate our horrible president with a secondary sex characteristic thats celebrated in sculpture and painting? I view capitalizing the "R" in the pres' last name comparable to using the C-word for female genitals as an epithet.
The names of body parts should not be expressed as epithets.
I would add that there is at least one member of that family who has been doing a great job of criticizing her uncle in books and otherwise, and who is a truly decent human being.
Is this okay?
There once was a king named Chump,
Whose wife was queen of the hump,
The people declared,
"I believe he's quear,"
Now he is a thing in the rump.
Thanks for the levity!
If and when I witness a person being dragged in the street by a hooded thug, it’s my duty as an American to intervene to stop the assault.
I Agree!
Me too
Agree
So the 9th Circuit believes that Trump would prevail on the claim that he can use the 3rd prong of 10 U.S.C. § 12406 to federalize the National Guard? Why? The 3rd prong allows federalization of the Guard when the President "is unable with the regular forces" to execute the laws of the United States. Since when were "the regular forces" (i.e., California's own law enforcement forces) unable to handle what was going on in the (mostly peaceful) L.A. protests? Where exactly is the evidence that "the regular forces" weren't adequately executing the laws of the U.S.? Umm .... nowhere, because it's baloney. Trump's response was a transparent excuse to intimidate protesters who were exercising their constitutionally protected rights to free speech - as dictators love to do. To the 9th Circuit: et tu, Brute?
LAPD and LASD were busting heads, gassing, shooting "less-than-lethal projectiles willy-nilly, and generally doing what they do best: RIOTING. Absolutely NO need for the CNG or Marines here, when piggies are going nutz over protestors.
are you on the spot in LA? that is contrary to any reports I have read or pictures I have seen. I thought ICE was doing those things, but not the regular LA police.
Google "LASD on horseback L.A. protestors" for a starter...lots more out there depicting LAPD doing their thang.
Exactly! State's rights too!
So we shouldn’t be surprised that he mis-characterizes the exact nature of the decision. Anything that’s not an out and out loss he’ll declare a win.
And even some losses if he can mix up the word salad enough to be palatable.
Trump probably had Stephen Miller write that bleat for him. Sounds like a Miller misinterpretation (deliberate).
I’m sure he wouldn’t be writing the Truth Social posts on this or any other substantive issue. He is too cognitively impaired and illiterate to write anything but rants.
Trump telling a truth, long gone; Trump inventing a Truth, endless.
Or even a loss. Remember what Steven Miller said about the SCOTUS decision on due process? Miller said the WH won. It was 9-0 against the WH position.
"An assessment of the facts and law within a range of honest judgment" - Trump can't possibly understand what that means. 'His people' pour on the syrup, corrupting the ruling to humor him, and making their day a little easier.
Stephen Miller has 47 dancing to his personal agenda on immigration
And that’s different from everything else he does?
Loss? Trump? We will never hear him capitulate for any of his crimes and terror on the American People. "Stand back and stand by."
Joyce’s clear explanation of where this suit stands, Judge Breyer should have no difficulty ordering power back to the governor. Has to be this way or it will punish all states. Fingers crossed, of course.
A STRONG constitutional judge should HOPEfully get this RIGHT!!!
THANK YOU Prof JOYce for this update.....now we wait....
Yes!!
I refer, once again, to HITLER’S FIRST HUNDRED DAYS, by Peter Fritzsche: it is clear to me that Stephen “Lil Joe Goebbels” Miller has read the book, although of course, never having read ANY book, Forrest Trump has not. As I predicted months ago in my own, little Substack (almost 80 subs! Totally free!), they came for the judiciary and will continue to do so. Has this cowed the judges? Probably not in this particular case because of the composition of the panel, but it certainly will in the future. We are hanging by the proverbial thread. When will the Reichstag Fire come that will enable Forrest Trump to declare martial law? I think he had hope the LA Raids might do it, but then the pesky Israeli/Iran war intruded — and I note for the record that Forrest’s withdrawal from the agreement entered into by Obama is a DIRECT contribution to the current situation. “Stupid is as stupid does” — Forrest Trump.
I've been saying the same thing about judges & what happens to them under a dictatorship.
Can I offer a different Nazi character to describe Miller? I see him in a Nazi uniform with round wire-rimmed glasses as a doppelganger for Heinrich Himmler! Joseph Goebbels is indeed despicable, I see Tucker Carlson & FOX "news" in general as the Goebbels character. But I see Himmler in the evil that both he & Miller exude. Miller is walking, talking evil incarnate! Don't get me wrong, so was Goebbels but there was just a bunch more evil in Himmler. Goebbels was an enabler, Himmler was the architect & enforcer.
I don't really know which is worse, but in my book Himmler wins the prize for most evil.
I have referred to Miller as “Lil Joe G” for quite some time. Self-loathing homunculus. However, I take your point. Himmler was clearly more evil than Goebbels. But with any luck, Miller and his boss will meet the same fate as Himmler and Goebbels.
Please take a look at a picture of Adolf Eichmann. Miller is the spitting image of him. https://encyclopedia.ushmm.org/content/en/photo/adolf-eichmann-1Adolf Eichmann | Holocaust Encyclopedia
yeah , he is, I forgot about that murderer! so many to think about
!
The link is not working
Let me try again.
It's weird, Marlene. He's Jewish, but looking so much like a Nazi--and acting like one towards immigrants--and more specifically, like Eichman. I don't know what's the matter with Miller. His family doesn't seem to like him, so it's not as if he grew up in a bad family.
David, his family disowned him. There were quite a few Jewish Nazis in Germany in the 30’s, unfortunately but Miller is off the charts!
I did get a look at Eichmann, although I forget where, but yes, Miller does look much like him.
You do know that your last line would make a great protest sign, right? 😂
I actually just copyrighted it under common law usage on my own substack page:
https://williamnfordes.substack.com/p/stupid-is-as-stupid-does
If/when 47 bombs Iran, there will be plenty of anti-war protestors to arrest. More than enough to send out the martial law proclamation. That’s one reason I believe 47 will send out the bombers.
Excellent point. “Stupid is as stupid does.” — Forrest Trump © Surfing on Mars 2025
Just wanted to say… I came onboard with you quite a while ago and it was the best decision I ever made. I feel like I’m in a law class and at 80
Years of age, I still am a quick study. We are in this together. Thank you.
KUDOS to YOU Barbara - 80 is the new 60 ;-)
I too am 80, and you just spoke my mind. Thank you Barbara.
I find this sickening. This president is incompetent on the world stage and breaks the US Constitution daily, and yet the courts won't stop him. There's no excuse for this.
The courts aren’t stopping him by design. This is what Leonard Leo has worked for, The Supreme Leader with no Constitutional guardrails
EVIL beyond EVIL - that why he is part of this INTRUSION!!!
You are absolutely right!
One problem, it seems to me, is that the country will hear him crowing about how the courts supported him and his right to bring in the Guard, that he has the judiciary's blessing to take control as the law and order president, that he will protect the people while the governor, who happens to be a Democrat, is incompetent. So those who love the idea of the president as protector and overseer of law, even though he has broken laws himself, will continue to cheer him, while the Ds seem yet to get a strong message across. I saw Adam Schiff on MSNBC recently, and while I like him, he's so measured, so unemotional, so calm in the face of all of this, that his concerns barely register. The people want theater. They like theater. Can the Ds give it to them? We can only hope so!
Senator Padilla, Senator Slotkin's take down of Hegseth (a thing of beauty), Gov. Pritzker's fiery speeches, are among many of our leaders who are standing up and refusing to be silenced. Encouraging!
The Governor certainly showed competence (and more) in this case.
Also, watching carefully you should note that Adam Schiff is NOT unemotional about this.
I have those same feelings too, Nancy, about Schiff, but I have seen him go off in hearings. The Dems are lucky to have Jasmine Crockett, Jake Moskowitz, , Jamie Raskin, Melanie Stansbury, Chris Murphy, Dan Goldman, Maxwell Frost, AOC, Swalwell, Casar, Stacy Plaskett, Ayanna Presley, Ilan Omar, Pramila Jayapal, and Alex Padilla, among others. I mention their names because they are all the very progressive and relatively young, outside of Raskin. They are a very diverse group who have A LOT to say about the state of our union! I certainly hope they carry the torch and I vote for Jasmine to be a leader. She is an absolute force!
Good names, all!
IMHO democrats need an "Arnold Schwarzenegger"-type actor. Chris Farley type I think. Maybe somebody like Chris Rock?
This is terrible. https://cdn.ca9.uscourts.gov/datastore/opinions/2025/06/19/25-3727.pdf
...we are persuaded that, under longstanding precedent interpreting the statutory predecessor to § 12406, our review of that decision must be highly deferential. Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when “the
President is unable with the regular forces to execute the laws of the United States.”
Normally the burden of proof would be otherwise. The president should have a "rational basis."
In a footnote it says the complainants didn't assert the APA, Administrative Procedure Act before Judge Breyer. Even if the president is given deference, under the APA, a rational basis should be required.
“the President is unable with the regular forces to execute the laws of the United States.” That is pretty much every day, right?
the current President is unable with his usual mental and physical capacities to execute anything past his next helping of Diet Coke and hamberders with ketchup. That should not allow him to send the National Guard or Marines into a state that does not need them. The courts should have the backbone and/or integrity to ask for SOME evidence of need. A precedent from 1824 or so badly needs re-examining anyway.
So SCOTUS gives the Felon complete immunity thereby giving him a free pass on lawlessness. Now the 9th Circuit has given him the green light to muster the National Guard against U.S. citizens. I wonder when they are going to consider exactly what this means for the PEOPLE which this government is supposed to be of, by and for.
Just a yellow light - we do not know if it is changing to green or back to red..
We just need to keep the pressure up on this lawless set of degenerates.
What pressure has been applied to date? It seems the only countenance the legacy media and podcasts are attracted to is direct confrontation that results in injury. I like the analysis by Joyce...there is hope: our Flag Day demonstrations and the parade duty GIs hoofing in "at ease" pace is totally gratifying.
I support any and all voices who deride the Connies over and over...that's pressure.
Sadly the Ninth Circuit does not take seriously enough how any decision, though partial, becomes propagandized and even more egregiously misused by the Fascist in chief being directed by miller and vought among others. The Ninth Circuit act rationally in this 151 days of irrationality. That's all it is. 151 days. 500 days, give or take to the mid-terms. Let's work hard to grow the opposition to 12 million. And more.
This could turn out to be one of those 'be careful what you wish for' decisions once a Democrat resumes control of the Executive Branch. But in the meantime, shit!
If we get to ever have a Democrat in the White House, the GOP will just revert to obstinate whataboutism.
Remember, It Is OK If You Are Republican.
Their whataboutism won't change court rulings, though.
The key to remember here, despite all the smoke surrounding it, as Joyce points out, is that the 9th Circuit ruling makes clear that courts (i.e. other courts in other districts and circuits) do have a say in the president deploying troops for civilian purposes. Apart from the usual social media sputum, and considering the appeals process certainly has just begun, this is no all-purpose pass for the wannabe dictator.
The Supremes never met a unitary executive case that they didn't uphold.
This is total BS. Are we really depending on the courts? I sure as heck am not. He wins a lot by appealing and appealing and appealing again. This is just gonna give him permission to go into Chicago, New York etc. I’m sorry for the negativity this morning, but looks to me like we are screwed
I agree. This summer should afford a shift in consumer thinking when tariffs hit the shelves. We also must think about the 2026 election. Will we get to vote? Will our votes be counted? Am I a fool who thinks that, aye, we will vote, but will be ignored by the Connies? More will be revealed, until then I enjoy watching the court poking the fat rats.
I am very grateful for your parsing of this very qualified decision.
I appreciate the careful parsing of the limits of the decision, as well. However, the cult will assign Trump "apparent full authority" to employ states' national guards to achieve Miller's quota this summer in select Democrat cities
Thank you for the clarification Joyce. As always you make these cases easy to understand for laypeople like myself and ease our minds. This is why I search for your substack every time I open my mail.
The courts continue to make rulings based on statutes about normal presidents, refusing to acknowledge that trump is not a normal president, but a lawless felon.