Trump federalized the Oregon National Guard and deployed them to what he called "war-ravaged Portland." A judge he appointed looked at the actual record and found the president's claims were "simply untethered to the facts." TRO issued. Administration appealed — then tried to deploy the California National Guard instead to get around the order. By midnight, the judge had issued a second TRO covering all National Guard.
See 1006_AM.md — same episode. Trump's federalization of the Oregon National Guard was blocked by a Trump-appointed judge who found the factual basis nonexistent. Administration routed around the TRO using California Guard; Oregon filed a second TRO; emergency hearing held; second TRO issued barring any National Guard federalization into Oregon.
10th Amendmentpresidential authority to federalize state National GuardTRO standard.
Constitutional question: 10th Amendment protection of state sovereign interests limits the president's ability to federalize state guards without adequate constitutional authority and factual predicate.
Administration cut NYC's terrorism prevention budget because NYC wouldn't cooperate with ICE. Judge issued a restraining order Wednesday. The public reaction was so severe the administration withdrew the policy by Friday. Trump said it was his "honor."
See 1006_AM.md — same episode. Part of the federal funding conditioned on immigration cooperation pattern; this iteration targeted NYC counter-terrorism funding post-9/11 and triggered immediate political backlash. Case mooted by rapid withdrawal before merits reached.
Spending Clauseanti-commandeeringAPA — same pattern as Illinois v. FEMA.
Constitutional question: 10th Amendment; same anti-commandeering analysis with additional political dimension.
A murder defendant was mid-cross-examination when the judge called an overnight recess. The judge then restricted his overnight attorney consultation to anything except his testimony. SCOTUS oral argument on whether that violates the Sixth Amendment right to counsel.
See 1006_AM.md — same episode. Oral argument preview: Sixth Amendment right to consult with counsel vs. court's authority to restrict mid-examination consultation during an unexpected overnight recess. SCOTUS heard argument this day at 10 a.m. Eastern.
Sixth Amendment right to counsel during trial recessscope of attorney-client consultation.
Constitutional question: Sixth Amendment right to assistance of counsel vs. structural integrity of cross-examination.
SCOTUS argument on the Erie doctrine: when you bring a state malpractice case in federal court, does Delaware's expert-certification requirement apply? Substantive (follow state law) or procedural (follow federal rules)?
See 1006_AM.md — same episode. Erie Railroad v. Tompkins (1938) and the federal substantive/procedural distinction in diversity cases. Delaware's medical malpractice expert witness certification requirement: does Federal Rule 8 displace it? SCOTUS heard argument at 1 p.m. Eastern.
Erie doctrinesubstantive vs. procedural distinctionFederal Rules of Civil Procedure.
Constitutional question: Constitutional basis of Erie — no federal general common law; state sovereign authority over substantive law in diversity jurisdiction cases.
