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Lindsay P Cohn

@lindsaypcohn.bsky.social

15K followers 1.2K following 1.6K posts

Political Scientist (all views are own, not employers’). Visiting Prof @ Columbia SIPA; civ-mil relations, military orgs/manpower, public opinion, foreign policy, militarized policing, democratic theory, intl/natsec law, pol econ

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Lindsay P Cohn @lindsaypcohn.bsky.social · Jul 8

I’m excited that my first book is available for pre-order and will come out at the end of the month!
It looks at how to think about military ethics from a perspective of upholding democratic governance and values. Everyone can just ignore the chapter on Augustine unless you REALLY like Augustine 😂

On Order, Authority, and Modern Civil-Military Relations, by Lindsay P. Cohn, published by Bloomsbury Academic

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Reposted by Lindsay P Cohn

G Elliott Morris @gelliottmorris.com · 22h

The research on this topic shows that the way pollsters ask about political violence impacts the results they get — and that this can, in turn, actually affect real-world support for violence. That means that covering polls the right way can help decrease long-term political violence in America

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

Ditto with writing about the National Guard and domestic deployments

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

It is one of my favorite Rhode Island stories … and there are so many

Reposted by Lindsay P Cohn

Block Club Chicago @blockclubchi.bsky.social · 1d

The state of Illinois is suing Trump to stop him from sending hundreds of National Guardsmen to Chicago. blockclubchi.co/4gTVTl8

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

She is an angel 🥰

Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

Apologies for typos I wrote this while walking the dog
Might do more later

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

Also the irony that just a couple of yrs ago Gov Abbott was arguing that the federal govt had practically no authority over his National Guard (for COVID vaxx) but now seems fine w actual mobilizations against governors’ objections is 😘

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

My point with all of this is that many of these questions haven’t been adjudicated in a long time, and there is at least room in the jurisprudence to find that the earlier precedents are quite narrow.

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

The constitutional issue was the Guarantee Clause - Art IV section 4, which says the US guarantees to every state a republican form of govt, and the states can appeal for help. But in this case the president declined to intervene, so the question of review *of the decision to intervene* never arose

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

SCOTUS basically said the determination of which govt was legit was a political question and the court did not have the authority to question the president’s determination *in the absence of a congressional determination*

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

SCOTUS was asked to deal w a question in which both sides were alleging that the other was in the wrong bc both were claiming govt authority for their actions and the point at issue was, which of their govts was the legit one?

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

But Tyler did quietly support the old govt and reinforced the garrison at Ft Adams just in case (they were never used). So in effect the Prez recognized the old gov asked the legit one. Congress never had a chance to weigh in on which gov was legit, bc no new Sens were chosen during this time

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

But the old govt was like, uh, we’re right here, and conflict ensued. Both govts claimed to be the legit govt of RI. RI courts recognized the old one; the old gov asked Pres Harrison and then Tyler for assistance; neither would commit on the grounds that it didn’t seem super necessary …

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

Luther v Borden originated in the Dorr Rebellion in Rhode Island (whoo go RI!), which is a freaking anazing story and if you’re unfamiliar you shld 100% look it up. But basically a bunch of RIlanders felt that the franchise was too narrow so they got together and voted in a new govt

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Lindsay P Cohn @lindsaypcohn.bsky.social · 1d

The govt might also point to SCOTUS case Luther v Borden (1849), which has generally been held to say that the president’s decisions in calling out the militia to deal w insurrection etc are not subject to judicial review. But again, there are significant differences bt the circumstances.

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Lindsay P Cohn @lindsaypcohn.bsky.social · 2d

The second big difference is that the Mott case stemmed from actions during the war of 1812, where there was in fact a v obvious invasion/war happening. It could def be argued that - and there is legislative history supporting this arg - the bar for claiming an inability to enforce fed law is higher

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Lindsay P Cohn @lindsaypcohn.bsky.social · 2d

That is very different from a state challenging the president’s authority to characterize events within said state.

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Lindsay P Cohn @lindsaypcohn.bsky.social · 2d

Plus that is one signal difference between Mott and what we are dealing with today. In the 1827 case, it was an individual plaintiff who had been called up to serve in the militia in federal service, and who refused in part on the grounds that he did not think the grounds existed

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Lindsay P Cohn @lindsaypcohn.bsky.social · 2d

But multiple judges have now challenged that, arguing as Judge Immergut does that the government must have a “colorable claim” that the state in fact needs assistance, based on the 10th amendment.

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Lindsay P Cohn @lindsaypcohn.bsky.social · 2d

Gov will definitely appeal and will prbly rely on the 1827 SCOTUS ruling in Martin v Mott, that discretion to determine whether an insurrection or failure to enforce federal law is happening rests w the prez alone and is not reviewable.

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Lindsay P Cohn @lindsaypcohn.bsky.social · 2d

Judge Immergut to gov arg that CA troops are already federalized:

“you’re missing the point. There is not a legal basis to bring federalized National Guard members into Oregon…You have to have a colorable claim that Oregon conditions require it, but you don’t, so why is this appropriate?”

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Lindsay P Cohn @lindsaypcohn.bsky.social · 2d

Folks we are watching the adjudication of some of the most important constitutional issues of federalism, executive discretion, and judicial review since the 19th c

www.oregonlive.com/politics/202...

Judge issues new broader order barring any National Guard from relocating to Oregon

Judge asked federal government lawyer: 'Do you believe this is an appropriate way to deal with a judge’s order that you disagree with?'

www.oregonlive.com

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Anna Bower @annabower.bsky.social · 2d

HAPPENING NOW: Emergency hearing before Judge Karin Immergut on Trump's effort to circumvent her temporary restraining order re: Oregon national guard deployment.

I plan to listen in for @lawfaremedia.org.

Follow along (court remote access technology permitting...) ⬇️🧵

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Anil Kalhan @akalhan.bsky.social · 2d

"[A]gents engulfed my car in tear gas, smashed my driver-side window, and pepper-sprayed my face.... I spent three nights and three days in federal custody. No explanation. No charges. No apology. One day, I was just told, 'you’re free to go.'" #KavanaughStop

I’m a US citizen and a veteran. ICE arrested me for no reason.

Jailed for three days without an explanation or ability to notify anyone, George Retes argues the only path to healing starts with the government taking accountability for its actions.

newsletter.ofthebrave.org

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Roger Parloff @rparloff.bsky.social · 2d

Oregon, joined by California, ask Judge Immergut for a second temporary restraining order--this one barring redeployment of federalized California National Guardsmen into Oregon. storage.courtlistener.com/recap/gov.us...

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