June 13: The Day That Wasn't
Friday the 13th - When Constitutional Crisis Became Constitutional Limbo
Today was supposed to be the day. High noon. The moment when Judge Breyer's ruling took effect and California's National Guard returned to state control. The moment when constitutional law reasserted itself over presidential will.
Instead, June 13th became the day that wasn't—a constitutional Friday the 13th where 4,000 soldiers woke up not knowing who they really serve.
The Silence of High Noon
At exactly 12:00 PM Pacific Time, nothing happened.
No transfer of command ceremony. No Bear Flag moment. No Gary Cooper walking down Main Street to face his destiny. Just the eerie quiet of a constitutional system in suspension, waiting for three appellate judges to decide whether the rule of law still applies to presidents.
The National Guard troops in Los Angeles continue taking orders from the Pentagon. Governor Newsom continues calling it illegal. President Trump continues ignoring court orders. And somewhere in a San Francisco courthouse, Judge Breyer's eloquent 36-page ruling sits in appellate limbo.
The Constitutional Vacuum
This is what a constitutional crisis actually looks like—not dramatic confrontations or military coups, but bureaucratic paralysis and legal uncertainty. Nobody knows who's in charge because the people who are supposed to decide can't agree on the rules.
The 9th Circuit's stay didn't resolve anything. It just froze the conflict in place, creating a legal vacuum where federal troops operate under disputed authority while appellate lawyers argue about the meaning of 150-year-old statutes.
The Troops in the Middle
Imagine being a National Guard soldier this morning. You swore an oath to the Constitution, but which part? The federal government that federalized you? The state government that claims you were stolen? The court system that can't make up its mind?
These aren't abstract legal questions when you're standing guard outside a federal building in Los Angeles with protesters on one side and conflicting orders from above. Constitutional law becomes very personal when you're the one holding the rifle.
The Precedent in Suspension
Every day this drags on, every hour the 9th Circuit delays, Trump's position gets stronger. Not legally—Judge Breyer's reasoning remains devastating—but practically. Possession is nine-tenths of constitutional law when nobody can enforce the other tenth.
If Trump can simply ignore federal court orders until friendly appellate judges bail him out, what's to stop the next president from doing the same? What's to stop any president from deciding that judicial review is just a suggestion?
Tuesday's Shadow
The 9th Circuit hearing on Tuesday looms larger now. What seemed like an inevitable legal formality after Breyer's ruling now feels like the moment that will define whether courts can still constrain presidents—or whether we've entered an era where executive power simply ignores judicial authority until it finds more sympathetic judges.
Two Trump appointees hold the balance. The math hasn't changed, but the stakes have crystallized.
The Day After Tomorrow
June 13th was supposed to be the end of the story. Instead, it's become an uncomfortable interlude—a day when constitutional government went on pause while lawyers argued and soldiers followed disputed orders.
Gary Cooper's Will Kane knew exactly when the train would arrive. In our constitutional Western, we're all still waiting at the station, checking our watches, wondering if the train will ever come.
High noon passed without resolution. The clock keeps ticking, but nobody knows what time it really is.
What Friday the 13th Taught Us
Today revealed something unsettling about our system: winning in court doesn't matter if you can't enforce the victory. Constitutional law is only as strong as the institutions willing to uphold it. And when those institutions are divided, paralyzed, or captured, even the most eloquent judicial opinions become just expensive paper.
Judge Breyer compared Trump to King George III. But kings, at least, knew who was in charge.
The 9th Circuit Court of Appeals will hear arguments on Tuesday, June 17, 2025. Until then, 4,000 National Guard troops remain under disputed federal command in Los Angeles.