More shadow docket news on this week’s show: The Supreme Court’s conservative majority blocked an order from a federal judge in Boston that had imposed due process requirements when the Trump administration tries to deport migrants to countries other than their countries of origin. As is often the case with shadow docket orders, the judges in the majority did not explain their reasoning, leaving the lower courts without clear guidance on what to do next: was the order blocked because the class of affected detainees was too broad, or for some other reason?

Plus: an update on California’s litigation over federalization of the National Guard, a look at the whistleblower allegations against now-federal-judicial-nominee Emil Bove, a look at the bail decision for Kilmar Abrego Garcia (who’s likely to end up in ICE custody regardless), and a discussion of the Trump administration’s decision (and Joe Biden’s decision) not to assert executive privilege as the House Oversight Committee looks into theories about autopen use in Biden’s administration.

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It’s been a big week for some of the dumber litigation we follow around here. It’s not all dumb — we start with an update on California’s litigation over the deployment of the National Guard in Los Angeles, where the state has gotten relief at the trial court level but faces a tough road in the appeals courts. And we look at a case in Boston where a federal judge has blocked, for now, the cancellation of certain grants the National Institutes of Health have deemed excessively DEI-related.

Then we have updates on Mike Lindell, who says the $2.3 million defamation judgment against him is actually a victory; Michael Avenatti, who appealed his sentence and got it reduced very slightly (rare win!); and various Proud Boys, who made the mistake of hiring a felon to be their lawyer; some weird drama at the Second Circuit Court of Appeals, where Judge Stephen Menashi is really annoyed his colleagues didn’t want to reopen the E. Jean Carroll litigation. And we look at juror drama at the P. Diddy trial. And — most excitingly — Josh makes Ken talk about the Real Housewives.

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Donald Trump has activated the National Guard in California over the objections of Governor Gavin Newsom, and Newsom has sued, claiming the activation is illegal. Ken and Josh discuss Newsom's chances of prevailing against the president's broad authority to use the military for various purposes. Meanwhile, union leader David Huerta has been charged for his actions of civil disobedience. One of Huerta’s legal problems stems from his choice to yell at the federal agents, “What are you going to do, arrest all of us?”

Also this week: Trump has gotten stays from appeals courts blocking the implementation of unfavorable rulings in cases about the IEEPA tariffs and the disfavoring of the Associated Press at White House events. Kilmar Abrego Garcia is back in the U.S. to face trial, the Young Thug RICO saga has finally breathed its last whimper, some Proud Boys are seeking their own settlement payout from the Trump administration, and the Trump DOJ is devoting a surprising amount of legal firepower to a civil rights action against a coffee shop owner / Hamas fanboy in Oakland (who, it seems, really did illegally discriminate against Jewish customers).

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