Trump ordered to return control of California National Guard to governor

[cadoman]

29. some wild historical parallels here

https://www.tpr.org/2025-06-10/what-happened-when-lyndon-johnson-federalized-the-national-guard

Sort of a moral version of the resistance to desegregation going on, but similar battle over the legalese of who (Governor or President) can do what & when.

"Regardless of whether Defendants gave Governor Newsom an opportunity to
consult with them or consent to the federalization of California’s National Guard, they did
not issue their orders through him, and thus failed to comply with § 12406."

https://www.law.cornell.edu/uscode/text/10/12406

"the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia."

It looks like Wallace and Faubus never challenged on these grounds, that I can see? But it'd be a similar situation where the Governor and President are in dissent as to how the Guard should be used. Looks like a very good challenge that hooked Dumpf on some details that the racist governors never considered. Hate can blind a persons judgement.

Also some good discussion within on the definitions of insurrection, rebellion, etc. Basically, just because some of the protestors were violent, doesn't take away the right of the other protestors to assemble.

"In short, individuals right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone. The idea that protesters can so quickly cross the line between protected conduct and “rebellion against the authority of the Government of the United States” is untenable and dangerous."