Bloomberg Law Oregon & Illinois Sue Trump & Senior Leaders Exit DOJ
Oct 6, 2025
Joining the discussion are Harold Krent, a Constitutional law scholar from Chicago-Kent College of Law, Suzanne Moniak, a Bloomberg Law reporter, and M. Todd Henderson, a professor at the University of Chicago Law School. They delve into the legal battles over the federal deployment of National Guard troops, the Tenth Amendment's implications, and the troubling exodus of senior leaders from the Justice Department. Additionally, they explore the challenges faced by prediction market platform Kalshi Inc. and the intersecting issues of anti-gambling statutes in modern litigation.
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Limits On Federalizing The National Guard
- Judge Karen Immergut ruled federalizing Oregon Guard lacked statutory basis and violated state policing authority.
- Harold Krent said the president might have a narrow protective power to defend federal facilities, not broad law-enforcement authority.
Loophole Use To Evade Court Orders
- The administration tried to use other states' Guard units to avoid an Oregon court order, exploiting a loophole in the order's wording.
- Harold Krent called the tactic against the spirit of the order but not plainly contemptuous of the letter.
Tenth Amendment And Governor Control
- The Tenth Amendment dispute centers on governors' traditional control over their state's National Guard.
- Krent said ordering one state's Guard into another without an emergency is unprecedented and raises serious constitutional concerns.