Noah
@ncallaway.bsky.social
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ncallaway.bsky.social
Thanks! Yea, that totally went over my non-lawyer head how that connects to it being a TRO, but it’s obvious when you draw that line for me.

Much appreciated!
ncallaway.bsky.social
Is there a standing panel that emergencies go to, or will there be a new panel draw for this case?

Basically, do we know which judges will be dealing with this, or do we have to wait for that?
ncallaway.bsky.social
Oh, thanks! I must’ve either been distracted, or just not understood the context of how it was brought up
ncallaway.bsky.social
Everyone has so deeply internalized the unwritten “Trump is a special boy” rule that seems to be the only guiding legal philosophy driving the Shadow Docket, that nobody even thought to bring it up
ncallaway.bsky.social
Literally was at oral argument today in the 9th circuit, and nobody even brought this up.
ncallaway.bsky.social
Yep, 9th circuit held oral argument on this today, and the concept didn’t even come up.

It’s just totally taken for granted by the Courts at all levels that Donald Trump is a special boy and the rules don’t apply to him
ncallaway.bsky.social
It’s this one. Sovereign immunity will make it almost impossible to bring a lawsuit.
ncallaway.bsky.social
Yea, I think he’s trying to make the smallest possible statement he can that doesn’t collapse the NGA
ncallaway.bsky.social
I kinda suspect other states would’ve gone with them. I think Stitt realized it was this or the collapse of the NGA
ncallaway.bsky.social
No, he’s just the chair of the National Governors Association. Newsom and Pritzker were (credibly) threatening to leave if this didn’t happen.

I bet other blue state governors had communicated something similar behind the scenes.

I suspect this is his effort to keep the NGA from totally collapsing
ncallaway.bsky.social
So, good that he did it, but he was pushed hard into doing it, and I think he’s doing the bear minimum to keep the NGA from collapsing
ncallaway.bsky.social
Sorta. He’s the chair of the NGA and Pritzker and Newsom credibly threatened to leave the NGA if the chair didn’t criticize the actions.

I think the entire NGA would’ve collapsed if he didn’t do this.
ncallaway.bsky.social
But the after-effects of the stimulus (and supply-side shocks) caused inflation that the media and voters never forgave.
ncallaway.bsky.social
Yea, during the actual pandemic, I think voters punished him for the mismanagement. It was fresh and they remembered it.

By 2024, the pain of COVID was no longer acute (hell, by then many associated immediate COVID response with Biden somehow)
Reposted by Noah
jonseidel.bsky.social
U.S. District Judge April Perry's temporary restraining order is in:
ncallaway.bsky.social
And, yea, this is a somewhat minor factor, but absolutely a good example of actually wielding power wherever and however it can be found.

Keep looking for new ground, keep finding new fields to push back on.
ncallaway.bsky.social
My takeaway from this is that Pritzker and Newsom's threat to leave the NGA was earnest. I wouldn't be surprised if some other blue state governors communicated similar threats behind the scenes, and Stitt is trying to do the bare minimum he can do to keep the NGA from exploding
ncallaway.bsky.social
Huh, is that all that means?

Well, that seems like really good news then, since I don't think there was ever the expectation that there would be a permanent injunction delivered today.
ncallaway.bsky.social
TROs in both Oregon and Illinois against the unconstitutional use of National Guard over their governors objections.

District Courts are holding the line.

Now we wait to see how the 9th circuit panel comes out, and if Trump will turn to the Insurrection Act.
heathercherone.bsky.social
Perry: The federal government is "temporarily enjoined from ordering the federalization and deployment of the National Guard of the United States within Illinois."

That's it. Thanks again for following.
ncallaway.bsky.social
Do we know if the order is *presently* binding on the defendants? Or did they sort out how quickly the defendants had to get their client to abide by the order?
ncallaway.bsky.social
When she granted the plaintiffs request for a TRO "in part" do we know which part they requested but did not get?
Reposted by Noah
heathercherone.bsky.social
Perry: "I see no credible evidence there is a danger of rebellion in the state of Illinois."
ncallaway.bsky.social
Yea, that feels like one that has shifted permanently. I don’t know if it comes back even if all the trade issues were resolved.

That’s the dangerous thing about trade wars. Things don’t just snap back to their previous state once things are resolved
ncallaway.bsky.social
They absolutely do not have the state capacity to respond to major disasters (and have much less now than Trump I).

It’s going to suck for all of us when the disaster comes.
ncallaway.bsky.social
I kept waiting for it to happen in Trump I, and it just never came. He got through almost the entire Presidency without one.

Then, COVID hit, and sunk his re-election.