Domestic Security

U.S. judicial practice emphasizes that limiting military involvement in civilian affairs is foundational to safeguarding constitutional liberties.

State and federal courts have the legal authority to temporarily block or enjoin National Guard deployments when judges determine those deployments exceed executive authority or are unlawful.

U.S. federal and state judges have asserted that military involvement in civilian affairs is legally fraught and can threaten constitutional liberties, leading courts to scrutinize or block domestic deployments of military forces.

State constitutions can condition governors' authority to deploy state National Guard forces on specific circumstances such as 'rebellion' or 'invasion', and courts have interpreted those constitutional provisions as imposing limits on gubernatorial deployment power.

Judicial challenges to domestic military deployments can result in courts temporarily blocking or pausing National Guard operations and can prompt the Department of Defense to order affected federal troops to return to their home states.

Antifa, short for "anti-fascists," is not a single organization but an umbrella term for far-left-leaning militant groups that confront or resist neo-Nazis and white supremacists at demonstrations.