Trump's potential methods, as per legal authority, to mobilize troops despite state opposition explained by legal expert
In a recent edition of his Substack newsletter, One First, Georgetown University law professor Stephen Vladeck discussed the legal path for President Trump to send the National Guard into states where governors or officials may not want them.
Vladeck has been writing about the president's use of the National Guard, and in his latest piece, he suggests that President Trump could attempt to deploy troops from one state to another without the governor's consent, which would be a legal gray area.
One potential avenue for the president is federalizing the National Guard, an approach President Trump has tried before in California. However, this would likely lead to a legal fight that could potentially reach the Supreme Court if President Trump sends un-federalized National Guard troops from one state to another without that state's consent.
Another legal avenue is using the authority to send out-of-state National Guard troops, as was done in Washington, D.C. in 2020, where 11 states let the president borrow their National Guard troops.
It is legally easier to deploy the National Guard in states where governors formally ask for help, as stated by Vladeck. For instance, Louisiana's Governor has welcomed the idea of deploying troops to New Orleans, while Illinois Governor JB Pritzker has stated that he does not want to deploy the National Guard.
President Trump is discussing the deployment of the National Guard to various cities, including New Orleans, and has stated that he would "gain respect" from Pritzker if he requested troops. However, if Trump proceeds with his plans despite opposition from local authorities, there will likely be litigation that could potentially reach the Supreme Court.
In a recent ruling, a federal judge in San Francisco declared that Trump's use of National Guard troops in June in response to anti-immigration enforcement protests in Los Angeles was illegal. In response, Trump has stated he plans to send troops to Chicago after the ruling.
This digital article was edited by Treye Green, and the radio version was edited by HJ Mai and produced by Nia Dumas.
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