One Amicus Brief May Have Given Supreme Court an Out in Chicago National Guard Case

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Goddammit. I hate it when people force me to download and read briefs, grind my brain out of neutral into lawyer gear and generally think lawyerly thoughts and do lawyerly things again. I mean, I really hate it. I feel my lifespan shortening just contemplating it.

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It’s good to see you, though.

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That’s not law enforcement. And there is a statute that specifically authorizes federalization of the state militia to enforce federal law when the state won’t do it, which is what that deployment did by enforcing desegregated education under the Equal Protection clauses of the Fifth and Fourteenth Amendments.

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Seriously, does any of this bring us to the court clarifying, or re-defining, the role of civilian law enforcement (which didn’t formally exist back in the day) in such instances? Issues 1 and 2 assert lack of actionable conditions on the ground for either military or guard, right?

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Litigating the laws is the procedural basis of our system and avoidance of war, isn’t it? The rebel forces didn’t defeat the lawyers during the impeachments, they simply overwhelmed the People/people with their treacherous partisan votes to support the coup. What’s the military term for first forays into battle?

Swift response was needed 1/6/21 in my opinion as well. At the same time, trump was the sitting president, and it fell on him to call out the Guard or the military. He did neither because he was busy inciting the attack and fomenting that rebellion. What to do when the CoC is the leader of the rebellion?

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The first two issues, in Lederman’s framing, are the justiciability/unreviewability of the president’s decision to deploy the N.G. and whether there is a rebellion capable of justifying it.

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Thank you for the clarification. These situations are making me think of AL and AR in the 50s and 60s re integration. The difference is that they were not challenging the authority of the Executive, but federal laws being enforced, right?

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Hadn’t read this far in the thread yet when I asked the same question. Thanks.

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