"The President’s determination was simply untethered to the facts"

From the decision by Judge Immergut (appointed by Trump in 2019):

This case involves the intersection of three of the most fundamental principles in our constitutional democracy. The first concerns the relationship between the federal government and the states. The second concerns the relationship between the United States armed forces and domestic law enforcement. The third concerns the proper role of the judicial branch in ensuring that the executive branch complies with the laws and limitations imposed by the legislative branch. Whether we choose to follow what the Constitution mandates with respect to these three relationships goes to the heart of what it means to live under the rule of law in the United States. . . .

Plaintiffs are likely to succeed on their claim that the President exceeded his
constitutional authority and violated the Tenth Amendment. Because this Court finds that Plaintiffs are likely to succeed on these two claims, this Court declines to reach Plaintiffs’ arguments regarding their likelihood of success on their remaining claims. Plaintiffs also have adequately shown irreparable harm and that the balance of equities and public interest weigh in their favor. This Court therefore grants Plaintiffs’ motion for a temporary restraining order....

At the same time, the Executive’s “exercise of his authority to maintain peace” must be “conceived in good faith, in the face of the emergency and directly related to the quelling of the disorder or the prevention of its continuance"....
If the President could equate diversion of federal resources with his inability to execute federal law, then the President could send military troops virtually anywhere at any time....
Finally, the President’s own statements regarding the deployment of federalized National Guardsmen further support that his determination was not “conceived in good faith” ....

In sum, the President is certainly entitled “a great level of deference,” . . . .
But “a great level of deference” is not equivalent to ignoring the facts on the ground. . . .

The President’s determination was simply untethered to the facts. . . .

Defendants’ ultra vires federalization of Oregon’s National Guard troops also violates the Tenth Amendment. . . .

see also James Madison, Address to the Constitutional Convention (1787)...
(“A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defence [against] foreign danger, have been always the instruments of tyranny at home.”). This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation.

#Untethered
#Constitution #USPol
#Portland

https://storage.courtlistener.com/recap/gov.uscourts.ord.189270/gov.uscourts.ord.189270.56.0_1.pdf

‘I don’t touch my phone. At home, I’d be scrolling’: why young people are flocking to independent cinemas 🍿 🎥

Young people are drawn in by the promise of a ‘no-distractions’ zone, rereleases of old classics and music documentaries by global artists

https://www.theguardian.com/film/2025/aug/13/why-younger-people-are-flocking-to-independent-cinemas

#Movies #Untethered #Music

#TheMetalDogArticleList
#GhostCultMagazine
Punk Rock Supergroup Bad Astronaut Shares a New Single “Grey Suits” - Album "Untethered" - Ghost Cult Magazine

https://ghostcultmag.com/punk-rock-supergroup-bad-astronaut-shares-a-new-single-grey-suits-album-untethered/

#BadAstronaut #Untethered #PunkRock #Lagwagon #Sugarcult #FatWreckChords #JoeyCape #MarkoDeSantis #DerrickPlourde #ChipperCavendish

The Day My Old Church Canceled Me Was a Very Sad Day https://www.nytimes.com/2024/06/09/opinion/presbyterian-church-evangelical-canceled.html?smid=nytcore-android-share

#Cult #ElectionDeniers #Untethered

#Therapists, #socialworkers face #scrutiny as #Unelected #Missouri #AttorneyGeneral conducts #politicized #investigation of #transgender #care.

He also seeking #untethered #access to the #university’s #digital #medicalrecords #system.

#Women #Transgender #LGBTQ #LGBTQIA #Missouri #TransKids #Healthcare #Conservatives #Extremism #Fascism #Religion #Hategroups #RepublicanParty #Hate #Bigotry #Violence #Genocide #Discrimination #Transphobia #ThePartyOfHate #EmptyThePews

https://missouriindependent.com/2024/05/24/therapists-social-workers-face-scrutiny-in-missouri-ag-investigation-of-transgender-care/

#TrumpSupporters #Threats #Violence #maga

#untethered from #reality

https://youtu.be/1rZ7ynv_dPw?si=eCR3k7anmSZ272Yp

#PhotoOfTheDay: #Astronaut Bruce McCandless Performs the First #Untethered #Spacewalk from the Earth-orbiting Space Shuttle Challenger in this 70mm photo from Feb. 7, 1984.

Image Credit: NASA

https://www.nasa.gov/image-article/astronaut-bruce-mccandless-performs-the-first-untethered-spacewalk/