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A federal appeals court just ruled that President Trump likely lacked authority to federalize the California National Guard and send it into Los Angeles.

In Newsom v. Trump, a split Ninth Circuit panel affirmed Judge Charles Breyer's preliminary injunction, with Judge Jennifer Sung writing for the majority and Judge Eric Miller concurring.

But Judge Mark Bennett dissented, and his dissent is the real story.

Bennett argues the majority should never have decided this appeal at all.

He says the majority invented a "constitutional ultra vires claim" to sidestep the Supreme Court's strict limits on such suits.

In his words, the plaintiffs' "Hail Mary pass scores."

And he says California's Tenth Amendment theory fails because the Constitution expressly gives Congress the power to call forth the militia.

Today I walk through Bennett's dissent, point by point, and explain why it may matter far more than the majority opinion.

Join me LIVE at 1 PM ET as I break it all down!

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Episode #1496.