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Federal judges warn unchecked presidential power to deploy the National Guard risks martial law, demanding judicial oversight to protect democracy.
Federal judges, including dissenting voices like Susan Graber on the 9th Circuit, are warning that unchecked presidential power to deploy the National Guard domestically could lead to martial law, stressing the need for judicial oversight.
While some judges, particularly Trump appointees, argue courts lack authority to block such deployments, others emphasize that judicial review is vital to prevent abuse, citing risks to civil liberties and democratic norms.
The debate centers on whether the president can federalize state National Guard units without judicial approval, with legal experts challenging claims based on outdated interpretations.
Recent rulings have split on the issue, raising concerns about executive overreach and the erosion of constitutional checks, especially as Congress remains inactive.
Judges urge public faith in the courts as a last defense against tyranny.
Los jueces federales advierten que el poder presidencial sin control para desplegar la Guardia Nacional arriesga la ley marcial, exigiendo supervisión judicial para proteger la democracia.