Thread by @kyledcheney

HAPPENING NOW: Emergency hearing in Newsom v. Trump, re dpeloyment of the Guard and Marines.

Judge Breyer making some "preliminary" remarks.

BREYER says he's 'appreciative' of both parties for filing a detailed record with the court on a short timeframe and says these are very serious/weighty matters and he intends to act as quickly as the urgency of the matter requires.

Breyer asks a hypothetical: If Trump didn't follow the letter of the statute in calling up the guard, would his order be invalid?

DOJ says no, and court has no role in policing it either.

Now Breyer delving into DOJ's argument that the president's determination that of a "rebellion" or "danger of rebellion" is not revieable in court. He is also discussing the law's requirement that an order calling up the guard "shall" be issued through the governor of the state.

Breyer initially skeptical that Trump complied with requirement that order calling up the Guard go "through" the governor of the state.

"Im trying to figure out how something is ‘through’ somebody if in fact you didn’t give it to him."

"It would be the first time I’ve ever seen something going through somebody if it never went to them directly," Breyer says.

DOJ attorney Brad Shumate says, "The governor is a conduit," not someone who has a role in the decision.

BREYER is deeply skeptical that the court cannot consider whether there was, in fact, a rebellion or danger of rebellion.

"That’s the difference between a Constitutional government and King George. It’s not that a leader can simply say something and it becomes it."

BREYER still going:

"How is that different than what a monarchist does? He says certain things, he finds certain things, he does certain things. That’s not where we live. We live in response to a monarchy … the constitution is a document of limitations."

BREYER's first note of skepticism for California -- he says the Marine deployment isn't "real" yet because they are not on the ground in L.A. "I just sort of don’t think that’s my business," he says, but adds it could be later. State says they expect it in 24 hours.