Chris Mirasola
@chrismirasola.bsky.social
Assistant Professor, University of Houston Law Center
Reposted by Chris Mirasola
This is really excellent, detailed analysis on all the reasons why trump’s decision to pay the military in October is profoundly illegal. From @lawfaremedia.org and @bbkogan.bsky.social
Despite the government shutdown, the military still got paid in October.
@bbkogan.bsky.social explains why President Trump using money meant for R&D at the Pentagon to pay the troops runs afoul of the Antideficiency Act and what Congress could do to protect its power of the purse.
@bbkogan.bsky.social explains why President Trump using money meant for R&D at the Pentagon to pay the troops runs afoul of the Antideficiency Act and what Congress could do to protect its power of the purse.
How Trump Violated the Law to Pay the Military
The president spent research and development money to pay the troops, violating appropriations law and a slew of other statutes.
www.lawfaremedia.org
October 24, 2025 at 7:47 PM
This is really excellent, detailed analysis on all the reasons why trump’s decision to pay the military in October is profoundly illegal. From @lawfaremedia.org and @bbkogan.bsky.social
Many thanks to @sfchronicle.com for running my this piece on Trump's blatantly unconstitutional move to pay the military during the government shutdown. If the President is usurping Congress's power to decide how funds are spent, what is left of the power of the purse? What is left of Congress?
Trump’s plan to pay the military during the government shutdown should worry every American
OPINION: President Trump’s order to pay members of the military during the government shutdown is a blatant — and troubling — violation of the Constitution, Christopher Mirasola writes.
www.sfchronicle.com
October 17, 2025 at 2:38 PM
Many thanks to @sfchronicle.com for running my this piece on Trump's blatantly unconstitutional move to pay the military during the government shutdown. If the President is usurping Congress's power to decide how funds are spent, what is left of the power of the purse? What is left of Congress?
I can’t overstate how entirely untethered to the constitution and past practice this unilateral move to repurpose funds to pay for military pay is. The commander-in-chief clause has precisely 0 bearing on the ability to expend funds. Here’s a list of authorities that do:
National Security Presidential Memorandum/NSPM-8
MEMORANDUM FOR THE SECRETARY OF WAR THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET SUBJECT: Use of
www.whitehouse.gov
October 15, 2025 at 11:47 PM
I can’t overstate how entirely untethered to the constitution and past practice this unilateral move to repurpose funds to pay for military pay is. The commander-in-chief clause has precisely 0 bearing on the ability to expend funds. Here’s a list of authorities that do:
Huge thanks to @gtownnatsec.bsky.social @realtoddhuntley.bsky.social for publishing my piece tracing what Trump II is doing with domestic military deployments to statutory changes made at the outset of the war on drugs in the 1980s. Lots of great pieces by others as well!
The War on Drugs and Trump’s Domestic Uses of the Military - Georgetown Law - Center on National Security
By Christopher Mirasola
nationalsecurity.law.georgetown.edu
October 15, 2025 at 2:48 PM
Huge thanks to @gtownnatsec.bsky.social @realtoddhuntley.bsky.social for publishing my piece tracing what Trump II is doing with domestic military deployments to statutory changes made at the outset of the war on drugs in the 1980s. Lots of great pieces by others as well!
Reposted by Chris Mirasola
In light of Judge Immergut's ruling, there's a lot of noise today coming from the President's advisers and supporters about courts not having the power to provide prospective relief against domestic uses of the military.
Via "One First," me on the rather significant early precedent to the contrary:
Via "One First," me on the rather significant early precedent to the contrary:
181. Courts and Domestic Use of the Military
In response to adverse judicial rulings, the President's advisers and supporters are claiming courts lack the power to halt domestic use of the military. A critical early precedent is to the contrary.
www.stevevladeck.com
October 5, 2025 at 3:49 PM
In light of Judge Immergut's ruling, there's a lot of noise today coming from the President's advisers and supporters about courts not having the power to provide prospective relief against domestic uses of the military.
Via "One First," me on the rather significant early precedent to the contrary:
Via "One First," me on the rather significant early precedent to the contrary:
On the deployment to Portland, I don’t have much to add beyond noting again that the theory of implied power the president is relying on is incredibly vague, unmoored from constitutional text, and extremely prone to abuse. I wrote about these and other problems soon after the LA deployment.
Unpacking the Protective Power
The constitutional basis for Trump’s use of the military in LA has a long history but is ultimately unmoored from constitutional text.
www.lawfaremedia.org
September 27, 2025 at 5:54 PM
On the deployment to Portland, I don’t have much to add beyond noting again that the theory of implied power the president is relying on is incredibly vague, unmoored from constitutional text, and extremely prone to abuse. I wrote about these and other problems soon after the LA deployment.
My horizons broaden every time I read a piece by my amazing UHLC colleague Andrew Lanham (who is unfortunately not on here—or anywhere). Just incredibly deep and rich insights at the intersection of social movements, racial justice, and national security from a fantastic legal historian.
How to Resist Trump’s Militarization of America
The president’s deployment of the armed forces on American streets is an alarming escalation. Fortunately, there’s a playbook for fighting back.
newrepublic.com
September 9, 2025 at 2:50 PM
My horizons broaden every time I read a piece by my amazing UHLC colleague Andrew Lanham (who is unfortunately not on here—or anywhere). Just incredibly deep and rich insights at the intersection of social movements, racial justice, and national security from a fantastic legal historian.
Reposted by Chris Mirasola
I've read and coded every War Powers Report ever sent to Congress (check them all out, with interactive graphics and a searchable database 👇), and this one on #Trump's attack on an alleged drug smuggling vessel in the Caribbean stands out. I'll explain below:
warpowers.lawandsecurity.org
warpowers.lawandsecurity.org
War Powers Resolution Reporting Project
A living resource on presidential reporting practice and the use of U.S. armed forces abroad.
warpowers.lawandsecurity.org
September 5, 2025 at 7:54 PM
I've read and coded every War Powers Report ever sent to Congress (check them all out, with interactive graphics and a searchable database 👇), and this one on #Trump's attack on an alleged drug smuggling vessel in the Caribbean stands out. I'll explain below:
warpowers.lawandsecurity.org
warpowers.lawandsecurity.org
Many thanks to the team at @lawfaremedia.org for running this piece! The bench trial in Newsom v Trump uncovered really important facts about the military deployment in LA. But I found significant aspects of Judge Breyer's analysis of these facts pretty confusing.
Judge Breyer’s Newsom v. Trump opinion uncovers important facts about the ongoing military deployment to California, writes @chrismirasola.bsky.social—but leaves critical legal questions unanswered.
Read his breakdown of Tuesday's ruling in Newsom v. Trump here: www.lawfaremedia.org/article/the-...
Read his breakdown of Tuesday's ruling in Newsom v. Trump here: www.lawfaremedia.org/article/the-...
September 4, 2025 at 2:42 PM
Many thanks to the team at @lawfaremedia.org for running this piece! The bench trial in Newsom v Trump uncovered really important facts about the military deployment in LA. But I found significant aspects of Judge Breyer's analysis of these facts pretty confusing.
Sure would be nice if federal judges coordinated when they release opinions with my kid’s doctors appointment schedule. But for now will just say that judge Breyer masterfully pieced together a factual record in what will some of the most consequential PCA litigation we’ve seen in decades.
BREAKING: Judge Charles Breyer finds that the Trump administration violated the Posse Comitatus Act by using the military for domestic law enforcement purpose in Los Angeles.
He enjoins further violations of the Posse Comitatus Act ⬇️
storage.courtlistener.com/recap/gov.us...
He enjoins further violations of the Posse Comitatus Act ⬇️
storage.courtlistener.com/recap/gov.us...
September 2, 2025 at 2:34 PM
Sure would be nice if federal judges coordinated when they release opinions with my kid’s doctors appointment schedule. But for now will just say that judge Breyer masterfully pieced together a factual record in what will some of the most consequential PCA litigation we’ve seen in decades.
Yet more evidence why the executive branch’s theory of the protective power is so susceptible to abuse. There’s no evidentiary minimum that’s ever been asserted as legally required — just a swinging sword of Damocles hanging over any location with a federal presence.
West Virginia to Send Hundreds of State National Guard Troops to D.C.
www.nytimes.com
August 16, 2025 at 6:46 PM
Yet more evidence why the executive branch’s theory of the protective power is so susceptible to abuse. There’s no evidentiary minimum that’s ever been asserted as legally required — just a swinging sword of Damocles hanging over any location with a federal presence.
Many thanks to @lawfaremedia.org and @tylermcbrien.com for getting this posted so quickly! Although there are still questions about mission scope, rules for the use of force, and more, in many ways the damage has already been done. A totally antiquated area of law especially susceptible to abuse.
Following President Trump's announcement that he is deploying D.C. National Guard personnel, @chrismirasola.bsky.social explores the possible legal bases for the deployment and why statutory reform is needed.
Deploying the D.C. National Guard
The president’s concerning use of the D.C. National Guard relies on incredibly broad and outdated statutory law and a history of maximalist executive branch practice.
www.lawfaremedia.org
August 11, 2025 at 9:21 PM
Many thanks to @lawfaremedia.org and @tylermcbrien.com for getting this posted so quickly! Although there are still questions about mission scope, rules for the use of force, and more, in many ways the damage has already been done. A totally antiquated area of law especially susceptible to abuse.
Lots of crucial details still needed on the forthcoming DC Natl Guard deployment in DC. But based on what we already know, two paths seem to be at play. Once again, incredibly old and over broad statutory text and maximalist exec branch practice conspire to give Trump a sad amount of runway here.
August 11, 2025 at 2:19 PM
Lots of crucial details still needed on the forthcoming DC Natl Guard deployment in DC. But based on what we already know, two paths seem to be at play. Once again, incredibly old and over broad statutory text and maximalist exec branch practice conspire to give Trump a sad amount of runway here.
Ok I don’t normally post this kinda thing but really this is too perfect. Article 1? Never heard of her.
August 6, 2025 at 6:02 PM
Ok I don’t normally post this kinda thing but really this is too perfect. Article 1? Never heard of her.
Now for something completely different! My first love is international law. This past spring the Houston J of Int'l Law asked that I give a talk to their members, which I've turned into an essay about why students should take an international law class. Draft is on SSRN and I'd love feedback.
Why Study International Law?
A firm grasp of international law has seldom been more important for the U.S. law student. Notwithstanding President Donald Trump's attempts to disengage with c
papers.ssrn.com
August 5, 2025 at 4:03 PM
Now for something completely different! My first love is international law. This past spring the Houston J of Int'l Law asked that I give a talk to their members, which I've turned into an essay about why students should take an international law class. Draft is on SSRN and I'd love feedback.
UH Law Center is hiring this year!
- 3 entry-level, TT in crim, employment/labor, & torts
- 1 clinical in lawyering skills
- 1 tenured position in health law
Teach fantastic students with supportive colleagues! Reach out with any Qs!
- 3 entry-level, TT in crim, employment/labor, & torts
- 1 clinical in lawyering skills
- 1 tenured position in health law
Teach fantastic students with supportive colleagues! Reach out with any Qs!
July 24, 2025 at 7:26 PM
UH Law Center is hiring this year!
- 3 entry-level, TT in crim, employment/labor, & torts
- 1 clinical in lawyering skills
- 1 tenured position in health law
Teach fantastic students with supportive colleagues! Reach out with any Qs!
- 3 entry-level, TT in crim, employment/labor, & torts
- 1 clinical in lawyering skills
- 1 tenured position in health law
Teach fantastic students with supportive colleagues! Reach out with any Qs!
Again great to work with @lawfaremedia.org on this deeper dive into how the "big, beautiful bill" will expand DoD's already significant domestic operations, particularly at the border and to abet deportations. Another in the litany of bad appropriations law news these days.
@chrismirasola.bsky.social looks at how the "big, beautiful bill" will transform the Defense Department's role within the U.S. by providing unprecedented funding for activities related to immigration enforcement and migrant detention. www.lawfaremedia.org/article/how-...
How Appropriations Are Transforming the Defense Department’s Domestic Operations
Congress and the Trump administration are using appropriations law to entrench the Defense Department’s roles in migrant detention and immigration enforcement.
www.lawfaremedia.org
July 17, 2025 at 3:40 PM
Again great to work with @lawfaremedia.org on this deeper dive into how the "big, beautiful bill" will expand DoD's already significant domestic operations, particularly at the border and to abet deportations. Another in the litany of bad appropriations law news these days.
Rightfully lots of focus on DHS approps in the bill passed yesterday. But there’s also shocking approps to DoD, like this $1B to be used over the next 4 yrs. It funds:
July 4, 2025 at 11:18 AM
Rightfully lots of focus on DHS approps in the bill passed yesterday. But there’s also shocking approps to DoD, like this $1B to be used over the next 4 yrs. It funds:
No one knows the international law regarding statelessness better than @melissastewart.bsky.social. An essential read for those looking to understand the implications of implementing the birthright EO.
This was previewed by an Executive Order from Jan. 20th that directed agencies to allocate resources towards prioritizing denaturalization.
I talk about the dual impact of denaturalization and restricting birthright citizenship in my WIP forthcoming article here:
papers.ssrn.com/sol3/papers....
I talk about the dual impact of denaturalization and restricting birthright citizenship in my WIP forthcoming article here:
papers.ssrn.com/sol3/papers....
July 1, 2025 at 1:12 AM
No one knows the international law regarding statelessness better than @melissastewart.bsky.social. An essential read for those looking to understand the implications of implementing the birthright EO.
Reposted by Chris Mirasola
HAPPENING NOW: Judge Charles Breyer is presiding over a hearing in Newsom v. Trump -- the first hearing in the district court following the Ninth Circuit's order allowing Trump to mobilize the national guard in California.
Follow along🧵⬇️
Follow along🧵⬇️
June 20, 2025 at 5:49 PM
HAPPENING NOW: Judge Charles Breyer is presiding over a hearing in Newsom v. Trump -- the first hearing in the district court following the Ninth Circuit's order allowing Trump to mobilize the national guard in California.
Follow along🧵⬇️
Follow along🧵⬇️
Reposted by Chris Mirasola
NEW: The Ninth Circuit Court of Appeals has granted an administrative stay of Judge Breyer’s order — a move that puts the order on pause, allowing continued deployment of the national guard.
Two Trump judges and one Biden judge on the panel.
Two Trump judges and one Biden judge on the panel.
BREAKING: Judge Breyer orders Trump to return control of the National Guard back to California, saying the call-up was illegal. storage.courtlistener.com/recap/gov.us...
June 13, 2025 at 3:26 AM
NEW: The Ninth Circuit Court of Appeals has granted an administrative stay of Judge Breyer’s order — a move that puts the order on pause, allowing continued deployment of the national guard.
Two Trump judges and one Biden judge on the panel.
Two Trump judges and one Biden judge on the panel.
Reposted by Chris Mirasola
A federal judge has issued a temporary restraining order (TRO) requiring Trump to return control of the National Guard to CA Governor Newsom. The order is accompanied by a powerful opinion that affirms the rule of law, separation of powers, and the First Amendment. 1/23
June 13, 2025 at 4:18 AM
A federal judge has issued a temporary restraining order (TRO) requiring Trump to return control of the National Guard to CA Governor Newsom. The order is accompanied by a powerful opinion that affirms the rule of law, separation of powers, and the First Amendment. 1/23
Reposted by Chris Mirasola
HAPPENING NOW: A federal judge is set to hold a hearing on Governor Gavin Newsom’s request for a temporary restraining order that would bar the Trump administration’s use of the state national guard amid protests against immigration raids in LA.
Hearing starting now before Judge Breyer
🧵⬇️
Hearing starting now before Judge Breyer
🧵⬇️
June 12, 2025 at 8:31 PM
HAPPENING NOW: A federal judge is set to hold a hearing on Governor Gavin Newsom’s request for a temporary restraining order that would bar the Trump administration’s use of the state national guard amid protests against immigration raids in LA.
Hearing starting now before Judge Breyer
🧵⬇️
Hearing starting now before Judge Breyer
🧵⬇️
Once more grateful to @lawfaremedia.org for running this deeper dive into the executive branch’s understanding of the protective power and why I think it rests on at least shaky constitutional grounds despite its long history. It’s a long one, but shorter than the law review article it’s based on!
In response to California's motion to enjoin President Trump’s use of the National Guard, the Justice Dept invoked the protective power. @chrismirasola.bsky.social provides historical background of the implied power and tensions between this power and the Posse Comitatus Act.
Unpacking the Protective Power
The constitutional basis for Trump’s use of the military in LA has a long history but is ultimately unmoored from constitutional text.
www.lawfaremedia.org
June 12, 2025 at 8:22 PM
Once more grateful to @lawfaremedia.org for running this deeper dive into the executive branch’s understanding of the protective power and why I think it rests on at least shaky constitutional grounds despite its long history. It’s a long one, but shorter than the law review article it’s based on!