In this National Constitution Center podcast, Liza Goitein from the Brennan Center and I discuss whether President Trump has power to deploy the national guard in Los Angeles over Governor Newsom's objections, with Jeffrey Rosen in his usual outstanding role as moderator: Can President Trump Federalize the California National Guard?
Coincidentally, at about the same time the podcast was posted, a panel of the Ninth Circuit held that the President was likely to prevail on the merits in Newsom v. Trump. The opinion (per curium, Judges Bennett, Miller and Sung) is generally along the lines of what I say on the podcast.
Ilya Somin has thoughts on the Ninth Circuit opinion here, some of which I agree with and some I don't. Our main disagreement is that I think (as the Ninth Circuit held and as I say on the podcast) that courts should give the President substantial deference on factual determinations in matters involving core executive functions such as federal law enforcement.
Posted at 6:29 AM