"Breyer rejected the administration's arguments that he could not review extensions of a Guard deployment and that it still needed Guard troops in Los Angeles to protect federal personnel and property, saying the first claim was "shocking" and the second one bordered on "misrepresentation."

"The Founders designed our government to be a system of checks and balances," added Breyer, a nominee of President Bill Clinton, a Democrat. "Defendants, however, make clear that the only check they want is a blank one."

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Pithy!