The very first statute authorizing domestic use of the military during domestic emergencies, enacted in 1792 by a Congress full of the same folks who wrote and ratified the Constitution, expressly provided for judicial review in certain circumstances *before* the President could even send troops. https://amanita.us-east.host.bsky.network/xrpc/com.atproto.sync.getBlob?did=did:plc:nwnlnixtjh3qhkwpz2uy5uwv&cid=bafkreiafmu7chmxum77cnx7miqnd574zjyjahxkayoxcc5k4eatbuw2654

Just a reminder that the Commander-in-Chief of the Louisiana National Guard, who can call them out all by himself if they were actually needed, is … Governor Landry. RE:

Bluesky Social

Aaron Rupar (@atrupar.com)

Louisiana Gov. Jeff Landry: "Tonight, we're sending the Department of War a request to send the National Guard, asking them to deploy the National ...

“Is it that the Chief Justice doesn’t accept that the Court is losing credibility on a daily basis; that he thinks the Court doesn’t need that credibility in order to fulfill its intended role in our constitutional system; or that he doesn’t care?” Me on John Roberts as his Court turns 20 today: [180. The Roberts Court Turns 2...](

180. The Roberts Court Turns 20

The Supreme Court is much less popular and much more divisive today than it was when John Roberts was sworn in as the 17th Chief Justice on Septemb...

)

#BREAKING: Over dissents from Justices Sotomayor, Kagan & Jackson, #SCOTUS grants a stay in the Slaughter case (allowing President Trump to remove the last Dem member of the FTC), *and* grants certiorari "before judgment" to decide whether to formally overrule its 1935 ruling in Humphrey's Executor.

4:30 p.m. on a Friday, and there are *5* emergency applications from the Trump administration pending at #SCOTUS: 1) Slaughter (FTC removal); 2) Global Health Council (pocket rescissions); 3) Cook (Fed Board removal for "cause"); 4) Orr (gender identity on passports); and 5) Noem (Venezuela TPS).

I know these “interviews” with Justice Barrett are carefully scripted. But if she’s going to keeping urging Americans to “read the opinions,” and not just commentary, it sure would be nice if someone would ask her what we should do when—as is so often the case these days—there’s no opinion to read…

Over public dissents from Justices Thomas, Alito, & Gorsuch, #SCOTUS leaves in place 4th Cir. injunction requiring a South Carolina public high school to allow a single transgender student to use the bathroom corresponding with their gender identity—stressing that it's "not a ruling on the merits." https://amanita.us-east.host.bsky.network/xrpc/com.atproto.sync.getBlob?did=did:plc:nwnlnixtjh3qhkwpz2uy5uwv&cid=bafkreicbw2ert35kaomoldtfkhitzufmhrpwh2esppmsoa3kdc3wksgkoi

Chief Justice Roberts has issued an “administrative” stay allowing President Trump to remove the last Democratic member of Federal Trade Commission while the full Court decides whether to freeze lower-court rulings that had held that her firing was unlawful: https://amanita.us-east.host.bsky.network/xrpc/com.atproto.sync.getBlob?did=did:plc:nwnlnixtjh3qhkwpz2uy5uwv&cid=bafkreibkeyph4cdgei44vgw6wvpetmmepigtx2fhiq2sobc5tnoxyx77qa

#BREAKING: Fifth Circuit (Southwick & Ramirez, JJ.) holds that President Trump’s invocation of the Alien Enemies Act against Tren de Aragua is unlawful, and blocks AEA removals in the Northern District of Texas (over a lengthy dissent from Judge Oldham): [www.ca5.uscourts.gov/opinions/pub...](📄.pdf ) [ca5.uscourts.gov/opinions/pub/2...](📄.pdf )

By a 7-4 vote, the full Federal Circuit has *affirmed* a lower-court ruling holding that many of President Trump’s tariffs exceed his statutory authority. The ruling won’t go into effect until October 14, though—which gives the Trump administration plenty of time to seek intervention from #SCOTUS: [storage.courtlistener.com/recap/gov.usco...](📄.pdf )