The 9th Circuit basically SPANKS Gavin Newsom:
Newsom’s Lawyer: We think that issuance through the governor requires notifying the governor of the federalization decision and asking him to issue it, which would give the governor a chance to consult, at least consult, on the scope of the president’s action.
Judge: So where does the statute say that issuing it through the governor requires either the governor’s consent or requires consultation with the governor? Is where in the text do you take that from?
Lawyer: Your Honor, we take it from the plain meaning of “through the governor.” So that’s the first step: What does it mean to be issued through the governor? For the governor to issue it, we think, at a minimum, that means that the governor needs to be informed of it and given the chance to issue it.
Judge: What is the—?
Lawyer: Go ahead, Judge.
Judge: What is your understanding of how it’s supposed to work? So, if the president, I guess, or the Secretary of Defense writes up the orders, sends it to the governor—if the governor then looks at it, says, “This is interesting,” sticks it in his drawer, and goes out to lunch, what happens then?