Federal Courts Fight Back with Ruth Marcus and Marty Lederman
YouTube video by #DogShirtTV
youtu.be
April 19, 2025 at 12:02 PM
Marty Lederman to eat for free in Chicago for the rest of his life
December 23, 2025 at 8:35 PM
Marty Lederman to eat for free in Chicago for the rest of his life
Big ups to Marty Lederman @martylederman.bsky.social who flagged this argument that SCOTUS relied on (that regular forces refer to military forces, not federal law enforcement).
NEW: By a 6-3 vote, the Supreme Court blocks Trump’s deployment of the National Guard to Chicago to assist immigration agents. A majority holds that he likely lacks authority to do so. Thomas, Alito, and Gorsuch dissent. www.supremecourt.gov/opinions/25p...
![The Government asked this Court to stay the District Court's order. After the response and reply were filed, JUSTICE BARRETT referred the application to the Court. We directed the parties to file supplemental letter briefs on an issue that the District Court had addressed but the parties' initial briefs had not: the meaning of the term "regular forces" in §12406(3). In its supplemental brief, the Government argues that the term refers to civilian law enforcement officers, such as those employed by Immigration and Customs Enforcement or the Federal Protective Service.
Respondents, echoing the District Court, maintain that the term refers to the regular forces of the United States mili-tary.
We conclude that the term "regular forces" in §12406(3) likely refers to the regular forces of the United States mili-tary. This interpretation means that to call the Guard into active federal service under §12406(3), the President must be "unable" with the regular military "to execute the laws of the United States." Because the statute requires an assessment of the military's ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from "execut[ing] the laws" "except in cases and under circumstances expressly authorized by the Constitution or Act of Congress."
18 U. S. C. §1385. So before the President can federalize the Guard under §12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be "unable" with those forces to perform that function.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreiftbhzwvn3vgwhqsi7k2paizvdw4t26ailljvovso3chqupnmj364)
December 23, 2025 at 8:25 PM
Big ups to Marty Lederman @martylederman.bsky.social who flagged this argument that SCOTUS relied on (that regular forces refer to military forces, not federal law enforcement).
Good morning to Alex Lederman, and to Alex Lederman only.
March 4, 2026 at 2:04 PM
Good morning to Alex Lederman, and to Alex Lederman only.
June 21, 2025 at 6:29 PM
For the Lederman family 🪨
August 2, 2025 at 9:04 PM
For the Lederman family 🪨
Amazing--Supreme Court basically adopts Marty Lederman that regular forces includes US military in rebuffing the Administration. Going live on substack with @leahlitman.bsky.social in 5 minutes to discuss
December 23, 2025 at 8:39 PM
Amazing--Supreme Court basically adopts Marty Lederman that regular forces includes US military in rebuffing the Administration. Going live on substack with @leahlitman.bsky.social in 5 minutes to discuss
"Physics isn't a religion. If it were, we'd have a much easier time raising money."
- Leon M. Lederman
- Leon M. Lederman
September 3, 2026 at 3:05 PM
"Physics isn't a religion. If it were, we'd have a much easier time raising money."
- Leon M. Lederman
- Leon M. Lederman
3/3 Former Deputy Assistant Attorney General at OLC, Marty Lederman:
"Fonzone's analysis is a must-read."
bsky.app/profile/mart...
"Fonzone's analysis is a must-read."
bsky.app/profile/mart...
Much more later about what might be the most unprofessional and embarrassing opinion OLC has written in recent years (yes, worse even than the Venezuela opinion, even if the stakes aren't quite as great). For now, Chris Fonzone's analysis is a must-read.
www.justsecurity.org/136242/presi...
www.justsecurity.org/136242/presi...
The Presidential Records Act is Constitutional
Former U.S. Assistant AG for the Office of Legal Counsel, Christopher Fonzone rebuts DOJ's claim that the Presidential Records Act is unconstitutional.
www.justsecurity.org
April 16, 2026 at 12:57 PM
3/3 Former Deputy Assistant Attorney General at OLC, Marty Lederman:
"Fonzone's analysis is a must-read."
bsky.app/profile/mart...
"Fonzone's analysis is a must-read."
bsky.app/profile/mart...
Lex Lederman 🥵
January 16, 2025 at 4:02 AM
Lex Lederman 🥵
Alex Lederman by Ivy Hyve.
July 7, 2026 at 3:07 AM
Alex Lederman by Ivy Hyve.
Alex 'Lex' Lederman - truck bed
December 28, 2024 at 1:18 AM
Alex 'Lex' Lederman - truck bed
2 August 1936 | A French Jewish girl, Berthe Lederman, was born in Paris.
In August 1942 she was deported to #Auschwitz from Drancy and murdered in a gas chamber after the selection.
In August 1942 she was deported to #Auschwitz from Drancy and murdered in a gas chamber after the selection.
August 2, 2025 at 8:00 PM
2 August 1936 | A French Jewish girl, Berthe Lederman, was born in Paris.
In August 1942 she was deported to #Auschwitz from Drancy and murdered in a gas chamber after the selection.
In August 1942 she was deported to #Auschwitz from Drancy and murdered in a gas chamber after the selection.