A hundred and fifty years ago, Congress passed a famous statute generally prohibiting the use of troops on U.S. soil to enforce the law. That statute is called the Posse Comitatus Act, and many are up in arms insisting that President Trump has violated its venerable principle by deploying National Guard troops and Marines to Los Angeles in response to violent anti-ICE protests.
Late last week, that view received a shot in the arm when Judge Charles Breyer, a federal district judge in California—and brother to former Supreme Court Justice Stephen Breyer—ruled that Trump’s call-up of the National Guard was illegal. His ruling has been stayed pending an emergency appeal hearing this Tuesday.
Was Breyer right? I’ll get to that in a second, but here are two things to know up front.
Click this link for the original source of this article.
Author: Jed Rubenfeld
This content is courtesy of, and owned and copyrighted by, https://bariweiss.substack.com feed and its author. This content is made available by use of the public RSS feed offered by the host site and is used for educational purposes only. If you are the author or represent the host site and would like this content removed now and in the future, please contact USSANews.com using the email address in the Contact page found in the website menu.
