Potential Legal Avenues for Trump to Mobilize Troops Despite State Opposition, According to Legal Scholar
In recent weeks, discussions surrounding the potential deployment of the National Guard by President Trump have been a subject of intense debate. Georgetown University law professor Stephen Vladeck has written extensively about the president's use of the National Guard, shedding light on the complex legal landscape that such a move could navigate.
If President Trump were to send troops to individual states without formal requests, a legal fight is likely to ensue. The legality of deploying the National Guard in states where governors do not formally ask for help is questionable, as such actions could potentially put the U.S. in uncharted territory.
For instance, if a governor were to use this authority to send the Texas National Guard into a state that did not want them, or if Trump were to deploy troops from friendly states to those that do not want them, the situation would be unprecedented. This was evident in a federal judge's ruling in San Francisco, which declared Trump's use of National Guard troops in June in response to anti-immigration enforcement protests in Los Angeles as illegal.
The use of out-of-state National Guard troops in D.C. in 2020 was not in the context of federalization, but rather 11 states allowing the president to borrow their National Guard troops. However, the legality of sending un-federalized National Guard troops from one state into another without that state's consent is a matter that could lead to litigation.
Illinois Governor JB Pritzker has stated that he does not want troops deployed in his state, and if President Trump were to send National Guard troops to New Orleans, as he has considered, there could be legal challenges. Louisiana's Republican governor has welcomed the idea, but if there is enough lawlessness and disorder in New Orleans to justify more than just an ordinary law enforcement response, the governor, like Illinois' governor, does not need President Trump to send troops.
Stephen Vladeck believes that the Trump administration's actions regarding the National Guard are a lot of theater, as situations that require the National Guard often have more locally and legally settled remedies. The next move is up to President Trump, and if he carries through on his threat, the matter will likely end up in the Supreme Court.
