Helpful article in today's @nytimes.com highlights the legal authorities behind the 5 (!) domestic military deployments currently underway or pending in American cities. @cnas.bsky.social @brennancenter.org @lizagoitein.bsky.social @rgoodlaw.bsky.social www.nytimes.com/interactive/...

“The Caribbean Strikes and the Collapse of Legal Oversight in U.S. Military Operations” By @seharrison7.bsky.social and @marknevitt.bsky.social www.justsecurity.org/123172/carib...

Interested in the ways that the Caribbean (and Pacific) drug strikes are unlawful? @justsecurity.org has 15 Articles (!) from experts @becingber.bsky.social @bcfinucane.bsky.social @martylederman.bsky.social @seharrison7.bsky.social @mikeschmitt.bsky.social www.justsecurity.org/120753/colle...

Terrific to team up with @seharrison7.bsky.social on this and thanks to @rgoodlaw.bsky.social and @tessbridgeman.bsky.social for edits!

In light of Trump’s decision to send CA National Guard to Oregon, I’m re-upping this piece from @cnas.bsky.social on the troubling scenario of sending outside NG to another state against its will. While the statute is different, the core concern remains. www.cnas.org/publications... challenge

“Every morning, landscaping companies deploy these gigantic beasts across the city, strapped to workers’ backs like dystopian World War II-era flamethrowers. The enemies are Atlanta’s leaves, and the blowers are determined to disrupt Zoom calls, infants’ naps, and the tranquility of your home.”

In light of the second strike on an alleged drug vessel, I’m reupping this article via @justsecurity.org - www.justsecurity.org/119985/label...

Via @justsecurity.org on the drug vessel strike. "Labeling these groups . . . does not authorize the use of military force or trigger the military rules that apply in armed conflict." @bcfinucane.bsky.social @rgoodlaw.bsky.social @tessbridgeman.bsky.social www.justsecurity.org/119985/label...

Interesting footnote in Judge Breyer's decision on use of the military in California - Chief Bovino of Homeland Security criticized Army General Sherman for his reluctance to use the military in MacArthur Park, "questioning Sherman’s loyalty to the country." @brennancenter.org @justsecurity.org

Great analysis, as always via @josephanunn.bsky.social @sreynolds.bsky.social of the @brennancenter.org brain trust!

"The Trump administration is pursuing a maximalist legal approach in deploying the military . . . DC may well be a dry run for even greater reliance on the military to be deployed domestically." cc @stevevladeck.bsky.social @lizagoitein.bsky.social @chrismirasola.bsky.social

In light of WV #National Guard ordered to DC, I'm re-upping this Article via @cnas.bsky.social, calling for reform of a particular statute - 32 USC 502f that is being used as the *likely* legal basis for the deployment. @josephanunn.bsky.social @lizagoitein.bsky.social www.cnas.org/publications...

Join us in beautiful #Atlanta, Georgia!

@lizagoitein.bsky.social @josephanunn.bsky.social @stevevladeck.bsky.social and I have been arguing for reforming the #DC #National Guard, which is "outdated and dangerous." Re-upping two articles via @justsecurity.org: www.justsecurity.org/79971/2022-u... www.justsecurity.org/74098/why-d-...

If EPA repeals its endangerment finding, the basis for industry’s fervent wish to displace state climate litigation is gone. You CANNOT have it both ways. See: journals.library.wustl.edu/lawreview/ar...

Bob Percival and I wrote this in 2019 in the Washington University Law Review in anticipation of the endangerment finding going away.

Via @lawfaremedia.org some takeaways from the #Texas floods - - Improve #climate risk information - Invest in adaptation measures before disaster strikes - Resource the #CoastGuard and emergency first responders -Retreat when necessary -Fully Fund Science

Honored to be named as part of the @justsecurity.org Editorial Team. Extremely grateful to @rgoodlaw.bsky.social and the Just Security team for taking a chance on me over the years to get my thoughts out on climate change, national security, and use of the military domestically!

In light of state and local law enforcement doing more immigration enforcement, I’m re-upping this article via @justsecurity.org that highlights the rise of “287g” agreements between #DHS and state/local police and National Guard > 800 agreements and rising! www.justsecurity.org/114395/the-m...

Must read from @lawfaremedia.org ‘s brilliant @sranderson.bsky.social And remember that the other side gets a vote. Lots of US military in Bahrain (5th Fleet) and Gulf states.

Professor Emeritus William C. Banks and @marknevitt.bsky.social write: The Mounting Crisis of Militarizing Immigration Enforcement at www.justsecurity.org/114395/the-m... #lawsky

Wow - Judge Breyer orders California National Guard to effectively be “unfederalized” and returned to Newsom’s control. No ruling on pending Marine deployment to LA. Trump will appeal. storage.courtlistener.com/recap/gov.us...

From @justsecurity.org today, w/ Bill Banks Thanks to @rgoodlaw.bsky.social "The U.S.has been widely respected for its tradition of entrusting law enforcement to civilians - the uniformed military fights wars and keeps Americans safe from foreign adversaries." www.justsecurity.org/114395/the-m...

Re-upping written testimony to @judiciarydems.senate.gov's on dangers of using military for deportation. "Activating the National Guard for a nationwide immigration law enforcement mission would be inconsistent with the limited scope of past domestic deployments . . " law.emory.edu/_includes/do...

Best thread yet on the #ICE crackdowns and military deployments to California - from @brennancenter.org's indomitable and brilliant @lizagoitein.bsky.social Must read.

Difference between Rules for Use of Force and Rules of Engagement. We don't know the Marine unit yet, but most Marines are trained in combat ROE.

Marines deploying to LA, here are toplines: - Posse Comitatus Act restrictions STILL APPLY - Mission is Defense *Support* to Law Enforcement - Rules for Use of Force apply (not combat ROE) - Different Chain of command to Northern Command - Indirect support OK, Direct support (detain, arrest) not OK

In light of the California/ICE news and National Guard deployment (and possible Marine deployment), I'm re-upping this piece via @lawfaremedia.org "Different training rules, operational risks, and past experience caution restraint." www.lawfaremedia.org/article/depl...

Newsom’s memo is correct that orders under 10 USC 12406 *must* be issued via the state governor. But one wonders if POTUS will dismiss this concern and just use the Insurrection Act to federalize the CA National Guard.

Many thanks to @lawfaremedia.org for publishing my piece expanding on this, now live: www.lawfaremedia.org/article/the-...

The statute that President Trump has invoked - 10 U.S.C. § 12406 - has an important proviso: “orders for these purposes shall be issued through the governors of the States" Great article @justsecurity.org explains that proviso in this February 2024 article:

One wildcard - "the Secretary of Defense may employ any other members of the regular Armed Forces as necessary." - Hegseth can call in the Marines w/o Insurrection Act to provide *indirect* support (admin, logistics, etc.) -POTUS *must* invoke Insurrection Act for Marines to arrest, detain, etc.

10 USC 12406 has a textual limitation that is different from the Insurrection Act (and a bit ambiguous). "Orders . . .shall be issued *through the governors* of the States." Upshot: CA Governor Newsom can shape the NG response, rules for use of force, etc. www.law.cornell.edu/uscode/text/...

What is 10 USC 12406? POTUS can Federalize National Guard in 3 circumstances: 1. if the United States or any U.S. State or territory is invaded; 2. there is a rebellion or danger of rebellion against the U.S. Government; or 3. POTUS is unable to execute U.S. laws without active forces.

POTUS has *not* invoked the Insurrection Act in CA 1. Uses 10 USC 12406 - "to temporarily protect ICE and other United States Government personnel" to enforce federal law and protect federal property. 2. 2,000 National Guardsmen for up to 60 days. www.whitehouse.gov/presidential...

1) Under what legal authority? Insurrection Act? 10 USC 251-3? (2) 32 USC 502 (similar to what Trump did in DC in 2020 when ordering out of state Guard ? (3) What National Guard members are being deployed? CA? All raise enormous legal and civil/military issues. Someone from WH please advise

In light of Trump’s use of National Guard forces in California, I’m re-upping this post from @justsecurity.org Q - Is Trump using Insurrection Act or deploying out of state Guard members to CA? Unclear. www.justsecurity.org/106593/natio...

Just posted: my analysis of whether the President could legally put extremist militias in the "unorganized militia" on duty as "militia" under the Insurrection Act. In short: No. @marknevitt.bsky.social @lizagoitein.bsky.social @cnas.bsky.social www.cnas.org/publications...

New article @vanderbilt.edu Law Review - "Destroy, Rebuild, Repeat: How to Break the #Climate Disaster Cycle" One home in Mississippi has been rebuilt 34 times (!) at a taxpayer cost of almost $700,000. I offer a better way. Download: scholarship.law.vanderbilt.edu/vlr/vol78/is...

As someone who bridges practice with theory, I'm honored to receive this recognition from the American College of Environmental Lawyers. "This recognition demonstrates @emorylaw.bsky.social's commitment to educating the next generation of environmental lawyers." law.emory.edu/news-and-eve...

Defense Secretary Hegseth’s plan to replace top military legal officers raises concerns about the future of military justice. #EmoryLaw professor Mark Nevitt (@marknevitt.bsky.social), a former Navy JAG, shares insights on national security. Read more via NPR: www.npr.org/2025/03/06/n...

"When #Climate Change Forces Flight: Legal Duties in the Age of Retreat" is ready for download @ssrn.bsky.social here: papers.ssrn.com/sol3/papers.... Forthcoming in the Iowa Law Review - comments and feedback welcome! @dfarber1950.bsky.social @cary-coglianese.bsky.social

In light of the call up of 3,000 military troops to the U.S.-Mexico border, I’m re-upping this piece from @justsecurity.org on legal authorities at the border. www.justsecurity.org/106593/natio...

Thanks to @eliorg.bsky.social for the opportunity to write this new article combining climate law and science with Dr. Anne Halberstadt "Climate Science for Judges: Sea Level Rise." Download here! cjp.eli.org/curriculum/s...

Podcast: What Just Happened Series, Potential U.S. Military Domestic Deployment for Immigration Enforcement Expert analysis by @marknevitt.bsky.social. Co-hosted by @davidaaron.bsky.social, @tessbridgeman.bsky.social, and @rgoodlaw.bsky.social. www.justsecurity.org/107016/podca...

What is happening at #Atlanta Department of Transportation? Hopefully Councilman Byron Amos who oversees Transportation can get some answers. www.wsbtv.com/news/local/a...

Does anyone know what is happening at #Atlanta Dept of Transportation? "In 2022 Atlantans approved $147 million for 68 sidewalk projects but three years later, the city hasn't finished *any* of the projects." @letspropelatl.bsky.social @atlurbanist.bsky.social www.ajc.com/news/health-...

With 82nd Airborne "preparing for possible deployment to the southern border" (@halbritz.bsky.social) Note: "Existing law prohibits the provision of military support ...'if the provision of such support will adversely affect the military preparedness of the United States'" (@marknevitt.bsky.social)

Thanks to @rgoodlaw.bsky.social for providing the opportunity to weigh in on an extraordinary day of executive orders escalating the military's role at the Southern border.

In light of Trump's announcement to declare a national emergency at the southern border with military troops, I am re-upping these two pieces via @justsecurity.org from 2018. Many of the legal issues are the same - www.justsecurity.org/54529/milita... www.justsecurity.org/61364/update...