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United States District Court
\nNorthern District of California
\n
\nCase 3:25-cv-04870-CRB Document 176 Filed 09\/02\/25
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\nPage 30 of 52
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\n1
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\nMoreover, a close look at the recognized statutory exceptions to the Posse
\n2 Comitatus Act counsels against, rather than in favor of, Defendants’ position. Many of
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\nthese statutes apply only in very specific circumstances. See, e.g., 16 U.S.C. \u00a7 23 (authorizing the Secretary of the Army to use troops to prevent trespassers or intruders in national parks); 25 U.S.C. \u00a7 180 (authorizing the President to use military force to remove
\n6 persons unlawfully present on \u201cany lands belonging, secured, or granted by treaty with the
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\nUnited States to any Indian tribe”); 42 U.S.C. \u00a7 97 (authorizing the Secretary of Health and
\nHuman Services to use military officers to enforce quarantines). These exceptions are narrow; unlike Defendants’ proposed exception, they do not undermine the whole act.
\nNor does the Insurrection Act, 10 U.S.C. \u00a7\u00a7 251\u2013255,14 support Defendants’ position here. To be sure, the Insurrection Act is a recognized exception to the Posse Comitatus Act. Dep’t of Def. Instruction No. 3025.21, encl. 3 \u00b6 1.b(4). Yet the Insurrection Act, which provides three avenues for the President to deploy the National Guard (or other branches of the military), imposes meaningful guardrails on the President’s authority. The President can invoke the Insurrection Act only if (1) the state 16 legislature or governor so requests it, 10 U.S.C. \u00a7 251; (2) he determines that “unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United 18 States, make it impracticable to enforce the laws of the United States in any State by the 19 ordinary course of judicial proceedings,\u201d id. \u00a7 252 (emphasis added); (3) he determines
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\nthat \u201cany insurrection, domestic violence, unlawful combination, or conspiracy . SO hinders the execution of the laws of that State, and of the United States within the State,
\nthat any part or class of its people is deprived of a right, privilege, immunity, or protection
\n23 named in the Constitution and secured by law\u201d and that \u201cthe constituted authorities of that
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\nState are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that
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\nprotection” to the State’s citizens, id. \u00a7 253.
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\nUnder the Insurrection Act, then, the President’s authority is restricted in some
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\n14 The Insurrection Act was, until recently, codified at 10 U.S.C. \u00a7\u00a7 331\u2013335.
\n
\n30<\/p>\n","protected":false},"excerpt":{"rendered":"
United States District Court Northern District of California Case 3:25-cv-04870-CRB Document 176 Filed 09\/02\/25 Page 30 of 52 1 Moreover, a close look at the recognized statutory exceptions to the Posse 2 Comitatus Act counsels against, rather than in favor of, Defendants’ position. Many of 3 4 15 <\/p>\n","protected":false},"author":1,"featured_media":18779,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[56],"tags":[667,148,2563,571,3533,71],"class_list":{"0":"post-18778","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-crime-justice","8":"tag-california","9":"tag-judges","10":"tag-read","11":"tag-ruling","12":"tag-troops","13":"tag-trumps"},"_links":{"self":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/18778","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18778"}],"version-history":[{"count":0,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/18778\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/media\/18779"}],"wp:attachment":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18778"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18778"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18778"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}