Kurz Chair in Constitutional Rights, CUNY Brooklyn College. Political scientist. Constitutional law & development, US migration(s) & citizenship law, legal history. Book PRE-ORDER: https://tinyurl.com/6d2w8d68 Home cook, foodie. .. more
Kurz Chair in Constitutional Rights, CUNY Brooklyn College. Political scientist. Constitutional law & development, US migration(s) & citizenship law, legal history. Book PRE-ORDER: https://tinyurl.com/6d2w8d68 Home cook, foodie.
Reposted by Anna O. Law
Reposted by Anna O. Law
Reposted by Anna O. Law, Daniel W. Drezner
Reposted by Anna O. Law, Steve Peers, Rebecca Tushnet
Reposted by Anna O. Law, Fionnuala Ní Aoláin, David R. Miller
This is a major loss for President Trump, even if, per Justice Kavanaugh’s concurrence, it’s temporary and on narrow legal Q:
Reposted by Anna O. Law, Steve Peers, Rosemary A. Joyce , and 1 more Anna O. Law, Steve Peers, Rosemary A. Joyce, Dan Immergluck
![We conclude that the term "regular forces" in §12406(3) likely refers to the regular forces of the United States mili-tary. This interpretation means that to call the Guard into active federal service under § 12406(3), the President must be "unable" with the regular military "to execute the laws of the United States." Because the statute requires an assessment of the military's ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from "execut[ing] the laws" "except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.
18 U.S. C. §1385. So before the President can federalize the Guard under §12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be "unable" with those forces to perform that function.
At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois. The President has not invoked a statute that provides an exception to the Posse](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreibdsy2sqw2yxt3ztz7pwc6pigtulgalqxwwnzxhlmyg2ntchkswwu@jpeg)
![Comitatus Act. Instead, he relies on inherent constitutional authority that, according to the Government, allows him to use the military to protect federal personnel and property. But the Government also claims-consistent with the longstanding view of the Executive Branch-that performing such protective functions does not constitute
"executing] the laws" within the meaning of the Posse Comitatus Act. See Supp. Letter Reply Brief for Applicants
8; 1 Supp. Op. OLC 343, n. 1 (1971) (collecting sources). If that is correct, it is hard to see how performing those functions could constitute "executing] the laws" under
§12406(3). See Azar v. Allina Health Services, 587 U.S. 566, 574 (2019) ("This Court does not lightly assume that Congress silently attaches different meanings to the same term in e same or related statutes"). Thus, at least in this posture, the Government has not carried its burden to show that §12406(3) permits the President to federalize the Guard in the exercise of inherent authority to protect federal personnel and property in Illinois. We need not and do not address the reviewability of findi „s made by the Pres-
ident under §12406(3) or any other statute.
The application for stay is denied.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreid5gspjdv7pcrmexr4orqigpujw2rnwoyphysinbcbwarn23rzim4@jpeg)
Background: www.lawdork.com/p/trump-admi...
Reposted by Anna O. Law, Melissa Johnson, David Darmofal
Reposted by Anna O. Law, James Goodwin, Kathleen Kennedy
Reposted by Anna O. Law, Kim L. Scheppele, Steve Peers , and 12 more Anna O. Law, Kim L. Scheppele, Steve Peers, Rosemary A. Joyce, Juan Cole, Robert C. Richards, Rebecca Tushnet, Alan Richardson, David R. Miller, Michael Zimmer, Scott A. Imberman, Daxton R. Stewart, Robert L. Tsai, Manisha Sinha, Aviel Roshwald
![The Government asked this Court to stay the District Court's order. After the response and reply were filed, JUSTICE BARRETT referred the application to the Court. We directed the parties to file supplemental letter briefs on an issue that the District Court had addressed but the parties' initial briefs had not: the meaning of the term "regular forces" in §12406(3). In its supplemental brief, the Government argues that the term refers to civilian law enforcement officers, such as those employed by Immigration and Customs Enforcement or the Federal Protective Service.
Respondents, echoing the District Court, maintain that the term refers to the regular forces of the United States mili-tary.
We conclude that the term "regular forces" in §12406(3) likely refers to the regular forces of the United States mili-tary. This interpretation means that to call the Guard into active federal service under §12406(3), the President must be "unable" with the regular military "to execute the laws of the United States." Because the statute requires an assessment of the military's ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from "execut[ing] the laws" "except in cases and under circumstances expressly authorized by the Constitution or Act of Congress."
18 U. S. C. §1385. So before the President can federalize the Guard under §12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be "unable" with those forces to perform that function.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreiftbhzwvn3vgwhqsi7k2paizvdw4t26ailljvovso3chqupnmj364@jpeg)
Reposted by Anna O. Law, Steve Peers
@lawrencehurley.bsky.social:
www.nbcnews.com/politics/pol...
Reposted by Anna O. Law
Theda Skocpol and Edwin Amenta on her career, US politics, the erosion of democracy, and most of all, what to do about it.
sociologica.unibo.it/article/view...
Reposted by Anna O. Law, Timothy D. McBride
Reposted by Anna O. Law, David R. Miller, Hannah Walker
Reposted by Anna O. Law, Rebecca Tushnet, David Darmofal
Reposted by Stephen M. Walt, Anna O. Law, Nicholas A. Christakis , and 16 more Stephen M. Walt, Anna O. Law, Nicholas A. Christakis, Joe R. Feagin, Richard Waite, Peter Tulip, Juan Cole, Trevon D. Logan, Aaron Sojourner, Gerald Friedman, Erol Akçay, Jelena Subotić, Mark Rice, Alessandro Rigolon, Brooke Harrington, Julie Rovner, Magda Teter, Olúfẹ́mi Táíwò, Stuart Shapiro
* Vehicle traffic: -11%
* Foot traffic: +3.4%
* Storefront vacancy: -0.9%
* Pollution: -22%
* Revenue for mass transit: $548M
So YES this has been a huge success.
Reposted by Anna O. Law, Rebecca Tushnet, David R. Miller , and 1 more Anna O. Law, Rebecca Tushnet, David R. Miller, Julie Novkov
Reposted by Anna O. Law, Karen Benjamin Guzzo, Clark Gray
