Overturned - Trump's use of 10 U.S.C. § 12406 to commandeer California National Guard ruled illegal and subject of federal restraining order
Decision: https://storage.courtlistener.com/recap/gov.uscourts.cand.450934/gov.uscourts.cand.450934.64.0_1.pdf? At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith [...] federal overreach risks instigating the very behavior that the federal government fears. To put a finer point on it, the federal government cannot be permitted to exceed its bounds and in doing so create the very emergency conditions that it then relies on to justify federal intervention. [...] President Trump’s June 7 Memo marks the first time that a President has invoked § 12406, lawfully or not, against the wishes of a state governor. Regard...