Strict Scrutiny

Can Trump Mobilize the Military Without California's Consent?

7 snips
Jun 16, 2025
Chase Strangio, the ACLU’s Deputy Director for Transgender Justice, dives into the pressing threats to trans rights amidst rising authoritarianism under the Trump administration. He reflects on the legal complexities of military involvement in civil unrest and advocates for renewed activism. The conversation also navigates the implications of recent Supreme Court rulings affecting civil liberties, while a lively game about iconic breakups adds a fun twist, blending serious discourse with humor and pop culture.
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INSIGHT

Legal Limits on Military Deployment

  • The president federalized the California National Guard and deployed Marines based on a statute typically used with governor consultation.
  • Legal questions arise about the limits of presidential power and federalism in using military forces domestically.
INSIGHT

Presidential Power vs Constitutional Check

  • Courts must balance presidential deference with constitutional limits in domestic military deployments.
  • The president's unchecked power risks monarchy-like authority.
INSIGHT

Governor's Role in National Guard Federalization

  • California contests that federalization orders must be issued through the state governor with meaningful consultation.
  • DOJ argues the governor's role is mere formality, challenging notions of states' rights.
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