President Donald Trump's attempts to federalize the National Guard and use it for domestic law enforcement are the subject of ongoing litigation in California, Oregon, and Illinois. What follows is a guest post on this important issue by Professor John Dehn, a leading experts on legal issues surrounding domestic use of the military. Prof. Dehn is also a former US Army officer, who spent fifteen years serving as a military judge advocate.

Building on a previous guest post , coauthored with Josh Braver, Dehn explains why judicial deference to presidential invocations of emergency powers to federalize the National Guard is not required by the Supreme Court's 1827 decision in Martin v. Mott ., which has become a central focus of contention in these cases.

I myself have written about the Illi

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