This is a truly bonkers line of questioning. Judge Nelson is really trying to rule based on some nebulous evidence that may or may not exist? Actively stating that the facts on record are clearly erroneous?
En banc. Start drafting it immediately. This has been a farce.
Judge Nelson says the determination is "not all driven by what we see on the streets," suggests that there is behind-the-scenes information that we don't have.
Chaffin: on this record, there was not evidence that sporadic violence was a rebellion to justify federalizing the NG.
October 9, 2025 at 5:08 PM
This is a truly bonkers line of questioning. Judge Nelson is really trying to rule based on some nebulous evidence that may or may not exist? Actively stating that the facts on record are clearly erroneous?
En banc. Start drafting it immediately. This has been a farce.