Should the conservative majority Supreme Court hand Donald Trump the freedom to deploy the National Guard whenever and wherever he chooses, the president’s “power grab’ will be complete and nothing will ever stop him again.
That is according to former U.S. Attorney Joyce Vance, who wrote on her Substack platform, that two cases coming before the court are part of his “drive to make the executive more powerful and to have that power come at the expense of the courts, Congress, and the people.”
As he pointed out, there are two critical cases the court is poised to take up. “The scope of presidential power to federalize and deploy National Guard troops,” and “Whether a president’s decision that such a move is merited is effectively unreviewable by the courts, as Trump alleges.”
Explaining out that giving Trump a license to deploy troops to cities on a whim is a direct assault on democracy, she wrote that the court will be reviewing ”an 1827 case, Martin v. Mott, where the Supreme Court held that ‘the authority to decide whether the exigency has arisen [to call up state militias] belongs exclusively to the president, and that his decision is conclusive upon all other persons.’”
Vance explained that she is pinning her hopes that the court will seriously consider that a pro-Trump ruling will make them superfluous.
“If the Supreme Court is committed to history and tradition, as they have frequently said they are these past few years, and if they want to avoid writing their branch of government out of the equation, then they must stand for the proposition that judicial review of decisions made by the executive branch is sacrosanct and essential to democracy, and the president’s assertion that no one can vet the constitutionality of his decisions is simply wrong,” she wrote.
Reminding readers that Trump has called Democratic cities “the enemy within,” she warned, “We have rarely faced a more serious moment.”
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