Good time to remember the October 21, 1967 March on the Pentagon, organized by the Mobe to protest the war. NYT published an oral history on the 50th anniversary (doesn’t appear that the Mobe paid participants tho). www.nytimes.com/interactive/...

Fun fact: Insurrection Act. The Act of Feb. 28, 1795 was the first permanent provision permitting the president to call forth the militia. By 1873, when all statutes in force were codified into the Revised Statutes, section one was split up:

Fun fact: Insurrection Edition. After Hurricane Katrina, when the La governor refused to request invocation of the Insurrection Act in NOLA, Congress amended the IA to permit the president to override the governor in such situations.

The government appears to conflate the National Guard of the United States (a reserve component) with the National Guard as the organized militia.

This Senate Judiciary hearing scheduled for Tuesday looks interesting. www.judiciary.senate.gov/committee-ac...

‘Bout time Wordle 1,535 2/6 ⬜🟨⬜🟨⬜ 🟩🟩🟩🟩🟩 Also, today’s Connections looks like which groups of four walk into a bar

Wordle 1,527 4/6 So close to nailing it ⬜⬜🟩🟩🟩 🟩⬜🟩🟩🟩 🟩⬜🟩🟩🟩 🟩🟩🟩🟩🟩

I think a short 🧵on the National Guard and its constitutional status is in order. The NG is ordinarily the state or territorial militia, subject to state authority but also subject to Congress’s authority to provide for “organizing, arming, and disciplining” them. Art I, § 8 cl. 16.

Yeesh Wordle 1,518 5/6 🟩⬜⬜🟩⬜ 🟩⬜⬜🟩⬜ 🟩⬜⬜🟩⬜ 🟩⬜⬜🟩⬜ 🟩🟩🟩🟩🟩

I’ve been trying to figure out how the reference to “the regular forces” being unable to execute federal law in order to call up the NG under 10 U.S.C § 12406 has turned into ordinary law enforcement (or letter carriers, during the 1970 postal strike). Rather than regular troops.

So it’s going to be that kind of day today, is it? Wordle 1,463 6/6 🟨🟨🟩⬜⬜ ⬜🟩🟩⬜🟩 ⬜🟩🟩⬜🟩 ⬜🟩🟩⬜🟩 ⬜🟩🟩⬜🟩 🟩🟩🟩🟩🟩

Apparently the 9th Circuit interprets the 10 USC § 12406 requirement that “regular forces” are unable to execute the law means federal officers. Legislative history makes clear that regular forces means the regular armed forces as opposed to the militia.

Wait, is the spelling bee 🐝 openly mocking the attorney general?

What a great country! Rather than repelling this “full-scale invasion” with military force, as would be justifiable in self defense, the U.S. is offering “concierge services” to persuade (and pay) the invading combatants to just go home. Zelenskyy should have thought of that, right?

TBF, the Constitution says the *privilege* of the Writ of Habeas can be suspended only when public safety requires it due to invasion or rebellion. Fortunately, in the absence of an armed invasion by a foreign military, courts have so far denied there’s an invasion.

Forget the Alien Enemy Act. The Alien [Friend] Act has apparently been reenacted and invoked.

@markzaidesq.bsky.social Question: How do private attorneys get security clearances? Who grants them? Trying to figure out how to cover them in statute that applies to employees.

Wait, doesn’t Penguin mostly sell books? And isn’t the importation of books and other informational materials protected from regulation under IEEPA unless necessary for national security? 🤔

Did someone mention unauthorized release of national defense information ? And laws? Here’s something for the curious

In case anyone wants information on the state secrets privilege: www.congress.gov/crs-product/...

Can anyone tell me what EEOC means by “CDP”? Their guidance documents explain what potential employment issue are “CDP” and which are “non-CDP.” But nowhere does it explain what that means. Anybody? Anybody? Here’s an example

Have you been made to sit through diversity, equity, and inclusion training? You may be the victim of a hostile work environment. Answers to this and more www.eeoc.gov/wysk/what-yo...

DEIcide arrives at the Foreign Service www.whitehouse.gov/presidential...

Any employment lawyers here? Can anyone tell me what “CDP” means? The EEOC site treats it as a fairly central principle regarding discrimination, but does not provide a definition, at least, not anywhere it can be found.

Well, here it is. Alien Enemy Act invoked against Tren de Aragua who are “irrefutably” engaged in invasion and hostile acts. I don’t see where it explains how TdA is a foreign state or government, but I’ve just skimmed.

You know who else has an impossibly straight, obviously contrived border and can only really work as a state?

The House isn’t exactly ceding power to DJT with this tactic, just thwarting Ds’ power to force a vote in 15 days in the House. Congress could still pass a joint resolution to end the emergency, just not using privileged expedited procedures. (And DJT could still veto it.)

Could this be the elusive example of an Anti-Pinkerton Act violation?

A refresher on the Alien Enemy Act and the recent executive order on designating cartels, apparently to somehow expedite removal. crsreports.congress.gov/product/pdf/...

IEEPA, national emergencies, and tariffs crsreports.congress.gov/product/pdf/...

On the Alien Enemy Act, here’s Justice Iredell shortly after its enactment (quoted in Ludecke v. Watkins, 335 U.S. 160 (1948)).

The National Emergencies Act and other emergency authorities explained, in case that should for some reason be of interest to anyone. crsreports.congress.gov/product/pdf/...

If anyone is looking for a quick explainer of foreign terrorist organization, here you go: crsreports.congress.gov/product/pdf/...

I don’t know about this. How does this bode? Should I feel relief or panic? Guess I’ll sleep on it.

Last night I dreamt a legal conundrum. If a member of Congress is serving as a reservist, despite the mostly ignored Incompatibility Clause, and commits a tort on duty, does the Feres doctrine kick in? This did not get resolved in my dream. Does anyone have an answer? I won’t be able to sleep now.

If you’re looking for primers on federal law, the Congressional Research Service is an excellent resource—balanced, accurate, and clear. Here’s its paper on recess appointments. crsreports.congress.gov/product/pdf/...