This was so helpful. I try to hear your voice in my head whenever commentators discuss the Insurrection Act since it is such an anxious-making topic. I do have a couple questions:
Once it gets invoked, how do we get out from under it?
Does the president have to revoke the invocation and under what circumstances?
Same with martial law--how is the determination made that it is no longer needed?
In the martial law case, the military are basically supplanting and not supplementing law enforcement...so what does law enforcement do? They're still getting paid and whatnot.
Would litigation start in federal court or catapult right up to SCOTUS?
I agree wholeheartedly w/ Allison about reading One First making me smarter.Your writing is clear and thorough, and the illustrations you use are right there, accessible to regular non-lawyers. Thank you for methodical, clear-sighted explanations when the all around vibe is so terribly precarious.
In only a 20-minute Q and A, my fears are somewhat calmed by Steve Vladeck’s clarifications of the Insurrection Act vs marshal law, that the military is not the enemy, and he offered reasonable opinions as to why Trump probably has not yet pulled the trigger. AG’s questions are excellent. Listening is recommended. Thanks, Allison.
to get to the national guard, doesn't calling out the military have to be inadequate?
isn't all the tear gas and flash bangs quite probably an attempt to PROVOKE the trigger? Would that have any bearing on the legitimate use of the ACT.
And surely he can't use something in Minneapolis to send the military into, say, Seattle.
interesting point on the constraints on the military more than ICE. The military, for example, has those rules about obeying illegal orders, So firing on peaceful protestors wouldn't create the issue of qualified immunity.
Very crisp and clear podcast on an important topic - thank you. I didn't appreciate that the Act was so easy to invoke. Perhaps the Act hasn't been invoked yet because they aren't sure they are on solid ground without a defining event as noted in the podcast. Alternatively, I wonder if the reason the Act has not been invoked yet, is to Steve's point that actually the military would be more professional in its work than ICE is. Therefore, the regime thinks/knows the military would actually constrain ICE's insanity rather than add to the insanity. Just spitballing...
Regarding the lack of protester violence: we have not been lucky. We have been organized and disciplined. Non violent resistance does not spring out of nowhere. Don't discount how amazing people have been to come together and learn how to do this and then do it!
Once again another i cannot access because you refuse to have a transcript generated. Enjoy your work when available!!
Sometimes the transcripts won’t generate. I’ve had this issue several times.
❣️ Thanks - more informed, better perspective & more calm because of your SubStacks & your discussions.
We already know how Thomas and Alito would vote if this goes to SCOTUS.
I also thought that the military would be a constraining factor for Ice
Does Professor Vladi believe that the military would be helpful to constraint Ice during the midterms?
This was so helpful. I try to hear your voice in my head whenever commentators discuss the Insurrection Act since it is such an anxious-making topic. I do have a couple questions:
Once it gets invoked, how do we get out from under it?
Does the president have to revoke the invocation and under what circumstances?
Same with martial law--how is the determination made that it is no longer needed?
In the martial law case, the military are basically supplanting and not supplementing law enforcement...so what does law enforcement do? They're still getting paid and whatnot.
Would litigation start in federal court or catapult right up to SCOTUS?
I agree wholeheartedly w/ Allison about reading One First making me smarter.Your writing is clear and thorough, and the illustrations you use are right there, accessible to regular non-lawyers. Thank you for methodical, clear-sighted explanations when the all around vibe is so terribly precarious.
In only a 20-minute Q and A, my fears are somewhat calmed by Steve Vladeck’s clarifications of the Insurrection Act vs marshal law, that the military is not the enemy, and he offered reasonable opinions as to why Trump probably has not yet pulled the trigger. AG’s questions are excellent. Listening is recommended. Thanks, Allison.
to get to the national guard, doesn't calling out the military have to be inadequate?
isn't all the tear gas and flash bangs quite probably an attempt to PROVOKE the trigger? Would that have any bearing on the legitimate use of the ACT.
And surely he can't use something in Minneapolis to send the military into, say, Seattle.
interesting point on the constraints on the military more than ICE. The military, for example, has those rules about obeying illegal orders, So firing on peaceful protestors wouldn't create the issue of qualified immunity.
Very crisp and clear podcast on an important topic - thank you. I didn't appreciate that the Act was so easy to invoke. Perhaps the Act hasn't been invoked yet because they aren't sure they are on solid ground without a defining event as noted in the podcast. Alternatively, I wonder if the reason the Act has not been invoked yet, is to Steve's point that actually the military would be more professional in its work than ICE is. Therefore, the regime thinks/knows the military would actually constrain ICE's insanity rather than add to the insanity. Just spitballing...
I too am so much smarter thanks to Steve Vladeck. The recording is very informative.
Regarding the lack of protester violence: we have not been lucky. We have been organized and disciplined. Non violent resistance does not spring out of nowhere. Don't discount how amazing people have been to come together and learn how to do this and then do it!
https://open.substack.com/pub/jodygorran/p/a-blue-state-playbook-using-the-national?r=68rn&utm_medium=ios&shareImageVariant=overlay