Published June 12, 2025
I just listened to the 70-minute hearing that federal district judge Charles Breyer held on California’s motion for a temporary restraining order against President Trump’s nationalization of the California national guard. It’s clear to me that Judge Breyer will rule that Trump failed to comply with 10 U.S.C. § 12406 by failing to issue his order “through” Governor Newsom.
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Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
