Main Justice Ending the Year with Good News
26 snips
Dec 31, 2025 In a refreshing twist, the co-hosts delve into significant positive judicial decisions. The Supreme Court's ruling on the federalization of Illinois National Guard troops is a highlight, emphasizing constraints on military involvement in domestic law. They also discuss a landmark ruling regarding due process for Venezuelans deported to El Salvador. Additionally, insights into potential remedies and judicial oversight are shared, especially concerning security-clearance revocations and the implications for legal professionals. It's a message of hope amid a challenging year.
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Supreme Court Limits Federalizing The Guard
- The Supreme Court denied the stay blocking federalization of Illinois' National Guard, tying "regular forces" to the U.S. military.
- This means the president likely must show military authority before federalizing the Guard under 10 U.S.C. §12406.
Posse Comitatus Shapes Deployment Power
- The Court stressed the Posse Comitatus Act restricts using the military to execute domestic law absent statutory or constitutional authorization.
- Therefore invoking Guard federalization requires both legal authority for military execution and inability of those forces to perform the task.
Decision Won't Automatically Trigger Insurrection Act
- Requiring military authority doesn't necessarily force an Insurrection Act invocation, and courts can still review such invocations.
- The decision reduces immediate use of Guard federalization without addressing the weaker "rebellion" argument at length.