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Judge Breyer on King Donald [1]

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Date: 2025-06-12

There are some really helpful diaries already up on the reclist regarding Judge Breyer’s order today in the Los Angeles case regarding the protests against the Mad King’s unlawful assertion of monarchic authority over the city — and, indeed, the country. Paleo has a quick bulletin up, and cbastian has one too that also includes a link to Judge Breyer’s written order via Politico.

I’ve only skimmed that order. I don’t think what I’m about to quote is in there. And being a written order, it of course includes far more details than presented here, along with all the relevant legal authority. Judge Breyer and his clerks did a great job and that order deserves careful reading.

With that in mind, I think the quote below really, really nails it. I imagine it was delivered right from the bench (orally, that is). And it frames the issue in only a few words in convincing and devastating fashion.

Thank you to KQED for reporting on this and providing the quote.

The ruling followed an hour-long hearing during which Breyer pressed both sides, and focused mostly around whether Trump went through the proper process for calling up the National Guard. He forcefully pushed back at the federal government’s contention that the courts had no place to weigh in on the issue, noting that the U.S. was “founded in response to a monarch.” “The president is, of course, limited to his authority, and that’s the difference between a constitutional government and King George,” he said. “It’s not that a leader can simply say something and then it becomes it. It’s a question of a leader — a president or a governor — following the law as set forth in both the Constitution and statutes. That’s what a president, a governor, or any leader must act under. Otherwise they become something other than a constitutional officer.”

I think that presents the issue squarely — as squarely and as plainly as anything I’ve yet seen. And it’s not in legalese. Anyone can understand it. I would love to see other quotes from other judges or circuit panels. If you see any, please include in the quotes below. And if you agree, please spread this quote around.

Thank you, Judge Breyer.

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