President Donald Trump's attempts to federalize the National Guard and use it for domestic law enforcement are the subject of ongoing litigation in California, Oregon, and Illinois. What follows is a guest post on this important issue by legal scholars Joshua Braver and John Dehn, two leading experts on legal issues surrounding domestic use of the military. Prof. Dehn is also former US Army officer, who spent fifteen years serving as a military judge advocate. In the post Braver and Dehn explain why courts should generally not defer to the president in addressing the issue of whether his invocation of extraordinary emergency powers to use the National Guard domestically, is legal, and why such deference is not required by the Supreme Court's 1827 decision in Martin v. Mott.
