Author of DEMAND THE IMPOSSIBLE (@WWNorton.com), amzn.to/45LFzNg | Next: BATTLE FOR THE SOUL OF COAL COUNTRY (NYU) | Prof & Harry Elwood Warren Scholar, Boston U | constitutional law & politics, legal history, democracy | https://linktr.ee/roberttsai .. more
Author of DEMAND THE IMPOSSIBLE (@WWNorton.com), amzn.to/45LFzNg | Next: BATTLE FOR THE SOUL OF COAL COUNTRY (NYU) | Prof & Harry Elwood Warren Scholar, Boston U | constitutional law & politics, legal history, democracy | https://linktr.ee/roberttsai
Reposted by Anna O. Law, Steven Heydemann, Joe R. Feagin , and 15 more Anna O. Law, Steven Heydemann, Joe R. Feagin, Will Jennings, Brendan Nyhan, John R. Hutchinson, Steve Peers, Megan L. Ranney, Leigh Sparks, Eric Goldman, Laurent Pech, Jelena Subotić, James Connelly, Robert L. Tsai, Aviel Roshwald, Nathan P. Kalmoe, Michael Evans, David Darmofal
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 Rosemary A. Joyce, Maya Sen, Mark Rice , and 2 more Rosemary A. Joyce, Maya Sen, Mark Rice, Robert L. Tsai, David Darmofal
DOJ's Civil Rights Division under Harmeet Dhillon is seeking a court ruling that D.C.'s law "prohibiting registration of the AR-15 by law-abiding citizens violates the Second Amendment."
Reposted by Steve Peers, Robert Wolfe, Mark Rice , and 3 more Steve Peers, Robert Wolfe, Mark Rice, Robert L. Tsai, Stuart Shapiro, David Darmofal
