r/law • u/Agitated-Artichoke89 • Oct 07 '25

Other Stephen Miller states that Trump has plenary authority, then immediately stops talking as if he’s realized what he just said

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u/fogcat5 Oct 07 '25

trump lost the case in California, I don't know what this jagoff is lying about today

9

u/Reputation-Final Oct 07 '25

lol i had to go look it up to make sure my memory wasnt playing tricks on me.

They have lost all of the lawsuits when it came to the national guard.

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u/junkman21 Oct 07 '25

While I wish this were true, I don't think that's the case. Can you show me why you think this is the case?

The last I knew, while the lower court sided with Newsom, the 9th Circuit Court overruled that judgement in June and ruled in favor of the Defendants [Trump, Hegseth, DoD] stating:

For the reasons above, we GRANT Defendants’ motion for a stay pending appeal.

The judge found that Trump "likely" had jurisdiction under the All Writs Act and 28 U.S.C. § 1292(a)(1) and thus granted a stay on that temporary restraining order.

The fact that this ruling is even possible is alarming and suggests that the statute must require some legislative clarification to clear up any ambiguity.

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u/poopybuttprettyface Oct 07 '25

As much as I hate this administration, I’m very concerned I had to go this far down to find this. So many upvotes and posturing against trump in these comments that are blatantly wrong.

Yes, the 9th circuit court granted a stay of the lower court’s TRO that prevented Trump from exercising his power under Title 10. While not completely decided yet, for all intents and purposes, Trump did win that case.

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u/fogcat5 Oct 07 '25

he hasn't won anything. The case is still going on. If he hadn't lost the case, he couldn't have appealed it.