California's Lawsuit Against Trump Over National Guard Faces 'Uphill Battle': Law Professor

Federalizing the National Guard

• 💡 The president has invoked Title 10 to federalize the National Guard, a move that is not an exception to the Posse Comitatus Act.
• ⚠️ The National Guard's role is currently limited to supporting federal agents and protecting federal property.
• 🚀 If violence escalates, the president might use the Insurrection Act, granting the National Guard broader law enforcement powers, potentially acting like ICE agents.

Political and Ground-Level Factors

• 📈 The decision to deploy more National Guard troops is largely a political one, influenced by images of violence and the perception that local law enforcement is overwhelmed.
• 🗣️ The president has previously expressed comfort with sending in the National Guard, signaling a potential shift in federal-state cooperation.

California's Lawsuit and State Sovereignty

• ⚖️ California plans to sue the federal government, arguing that the president has trampled on state sovereignty and that the prerequisites for federalizing the National Guard are not met.
• 📉 A law professor believes California faces an uphill battle in this lawsuit, as the federal statute appears to grant broad authority.
• 🏛️ Judges may be hesitant to second-guess a president's decisions on matters of national security.
• ❓ The possibility of the California governor being arrested is unknown, as current statements are out-of-court declarations of anger and claims of state sovereignty infringement.