ANDREW BRANCA: Once Trump invokes 10 U.S.C. § 12406, the Constitution gives him absolute authority — courts have zero say. This is the end of judicial rebellion.

The Supreme Court just heard arguments that could redefine the balance of power — and Trump already has the upper hand.

John Sauer’s brief destroys Judge April Perry’s ruling, citing Martin v. Mott (1827) — which says the President alone decides when to call up the militia.… pic.twitter.com/ShkzDCKwy3

— Andrew Branca Show (@TheBrancaShow) October 21, 2025

The Supreme Court just heard arguments that could redefine the balance of power — and Trump already has the upper hand. ohn Sauer’s brief destroys Judge April Perry’s ruling, citing Martin v. Mott (1827) — which says the President alone decides when to call up the militia. “It’s not a request. It’s a command,” Once Trump invokes 10 U.S.C. § 12406, the Constitution gives him absolute authority — courts have zero say.

This is the end of judicial rebellion.