Fifth and Tenth Amendments

West Virginia Bill Exempts Residents From Real ID Requirements

West Virginia Delegates Anders and Kimble have introduced House Bill 5514, proposing that state residents be exempt from mandatory Real ID requirements. The bill asserts that the Real ID Act of 2005 imposes unnecessary costs and inconveniences on citizens, and potentially infringes upon the Tenth Amendment. If passed, the Division of Motor Vehicles would cease mandatory Real ID implementation and report any federal attempts to enforce it, though residents could still voluntarily obtain a Real ID. This measure comes as Real IDs become a federal requirement for domestic air travel and entry into federal facilities starting in May 2025.

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Judge Blocks National Guard Deployment in Oregon: Lawsuit Upheld

Judge Karin Immergut issued a temporary restraining order blocking President Trump’s deployment of 200 National Guard members to Portland. The judge ruled that Trump exceeded his authority and violated the Tenth Amendment. The order, which expires October 18, was granted after Immergut found the administration’s claims of significant violence and unrest were unsupported by evidence. A hearing will be held to determine if the temporary order should be extended.

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Judge Orders Trump to Return National Guard Oversight to California

Judge Charles Breyer ruled President Trump’s deployment of the National Guard to Los Angeles illegal, citing violations of the Tenth Amendment and exceeding presidential authority. The order returns control of the California National Guard to the state, effective immediately. Breyer’s decision also highlighted threats to protesters’ First Amendment rights and the state’s inability to utilize the Guard for essential services. The Trump administration has appealed the ruling, while Governor Newsom warned of a broader threat to state sovereignty and democracy nationwide.

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Judge Orders Trump to Return California National Guard Control

A federal judge ruled President Trump’s federalization of the California National Guard illegal, ordering the immediate return of control to Governor Newsom. This action, unprecedented in U.S. history, involved approximately 4,000 National Guard members and 700 Marines deployed to quell anti-ICE protests in Los Angeles. The judge found Trump’s actions exceeded his statutory authority and violated the Tenth Amendment, citing the absence of conditions justifying federal intervention. While a temporary stay allows the administration to appeal, a hearing is scheduled for June 20th to consider a more permanent injunction.

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Judge Blocks Trump’s Transgender Care Order as Unconstitutional

A federal judge issued a temporary restraining order blocking President Trump’s executive order banning federal funding for gender-affirming care for transgender youth under 19. The judge ruled the order unconstitutional, citing violations of the Fifth and Tenth Amendments, and argued it unfairly discriminates against transgender individuals while impacting unrelated medical treatments. The order prevents the federal government from enforcing key aspects of the executive order, allowing transgender youth to continue accessing necessary medical care. This decision followed a lawsuit filed by several states and medical professionals challenging the legality and discriminatory nature of the executive order.

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