The National Emergency Continues to Nationally Emerge

OA1197 - The National Guard is being federalized and sent into cities that the President doesn’t like against the explicit will of state governors and local populations. Matt covers as much as we know from the legal developments around this ongoing national emergency, and Jenessa shares some good news which is already coming out of NY’s recent recently-enhanced equal protection amendment. Finally, in today’s footnote: how do you ticket a car from a moving violation when no one is driving it?

NOTE: since the time of this recording, a federal judge has found that the Trump administration’s stated reasons for deploying federal troops in Chicago are “simply unreliable” and blocked the deployment of the National Guard. More next week on this vital story.

1. “Department of Defense Security For the Protection of Homeland Security Functions,” The White House (June 7, 2025) 

2. Affidavit of Portland Police Bureau Assistant Chief of Operations Craig Dobson, filed 9/29/2025

3. Judge Immergut’s injunction in Trump v. Oregon dated 10/4/2025

4. 9th Circuit’s order staying Judge Breyer’s injunction dated 6/19/2025

5. Memo from Secretary of Defense Pete Hegseth dated 9/28/2025

6. ”For Trump Administration, Fighting Crime Takes a Backseat to Immigration Arrests,” The Marshall Project, Beth Schwarzapfel (10/4/2025)

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