The Brian Lehrer Show Legal News Roundup: Trump and the California National Guard and More
Jun 20, 2025
Emily Bazelon, a staff writer for The New York Times Magazine and co-host of Slate's Political Gabfest, dives into the latest Supreme Court developments. She discusses Trump's controversial legal battle over the California National Guard and the implications of recent court rulings on executive powers. The conversation explores the complexities of birthright citizenship and the federalization of the National Guard. Bazelon also sheds light on the Posse Comitatus Act and its historical significance in military involvement in domestic issues.
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Power of Nationwide Injunctions
- Nationwide injunctions allow a single district judge to block a law across the whole country temporarily.
- This power is controversial because it pauses laws before their legality is fully decided in long-term litigation.
Legal Basis for Guard Federalization
- The Trump administration's federalization of the California National Guard is legally supported by broad congressional statutes.
- Courts generally defer to the president's interpretation of these statutes despite debate over prudence.
Violence Justifies Guard Deployment
- The court ruling relied on violent actions blocking immigration enforcement as justification to support Trump's National Guard deployment.
- Calling the protests a "rebellion" was avoided to stay within legal standards of applicable statutes.
