And then it goes to SCOTUS, who will rule for the President. And at that point we are in the realm of "He has made his decision; now let him enforce it!"
And then it goes to SCOTUS, who will rule for the President. And at that point we are in the realm of "He has made his decision; now let him enforce it!"
I think it would come down to "who will the Guard obey?" in a crunch - and would use of out-of-state Guards make for the possibility of a stand-off? We're some way beyond the normal "obeying the black letter and the courts", so really, it's all in the wind.
Yes, and specifically (IMO) "who will the Guard Commander obey?". I (over-optimistically?) expect the rest of the chain of command to follow. And I can definitely see Trump sending Guard units from a compliant Red state into a Blue state city, potentially facing off local guard units.
And so begins the second Civil War. And this time, the loser has to keep the South. BTW, how insane is this timeline that we're even talking about such possibilities?