Constitutional Law
Nov. 4, 2026
Who decides when the National Guard takes to the streets?
The National Guard has left Los Angeles, but the legal threat remains: a Supreme Court ruling could expand presidential power and undermine governors' resistance to militarizing local protests.
There is a definitive threat nested within the 9th Circuit's Oct. 23, 2026, case entitled Newsom v. Trump, 2026 Westlaw 3179607 (9th Cir. 2026), hereafter Nat'l Guard. The denial of rehearing en banc was not reported in the Westlaw database. But its opening paragraph could have been the main opinion's kickoff. As separately articulated by a panel judge: "[t]his case presents an issue of the gravest consequence: the peacetime deployment of militar...
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