Lawfare Daily: Can State Laws Protect Against Misuse of the National Guard?

On today’s podcast, Executive Editor Natalie Orpett sits down with Liza Goitein and Joseph Nunn of the Liberty and Security Program at the Brennan Center, and Lawfare Senior Editor Loren Voss. They talk about the state laws governing the National Guard—what they allow, what they prohibit, and what it means for domestic deployments in the United States. What is the National Guard allowed to do, especially when operating in a hybrid status where the mission is defined by the president but the governor retains command and control? State laws are complex, varied, and sometimes facially unconstitutional. 

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The Brennan Center recently published a compendium of those state laws at https://www.brennancenter.org/our-work/research-reports/state-and-territorial-laws-governing-national-guard. 

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