I'm Marissa Wong, Internet Lawfare, with an episode from the Lawfare

for February 1st, 2006. On January 26th, Judge Catherine Menendez of the District of Minnesota held a hearing on whether to issue a temporary restraining order on behalf of the state of Minnesota and the cities of Minneapolis and St. Paul.

The restraining order would pause the U.S. Department of Homeland Security's Operation Metro Surge.

The Tenth Amendment's anti-commandeering doctrine

was a centerpiece of the state's legal argument in the hearing to put a stop to what,

as Minnesota's lawyers put it, appears to be the largest federal deployment of law enforcement

in U.S. history, with over 3,000 federal agents sent to the Twin Cities, a majority of which are

immigration and customs enforcement agents.

For today's archive, I chose an episode from January 27, 2025, in which Benjamin Wittes,

Scott Anderson, Anna Bauer, Quinta Jureoresic, Alan Rosenstein, and Amelia Wilson

discussed the first 10 executive orders signed by President Trump during his second term and

some of their potential limitations, including the 10th Amendment's anti-commandeering doctor.

Thank you. anti-commandeering doctor. It's the Lawfare podcast.

I'm Benjamin Wittes, Law Fares editor-in-chief,

with senior editors, Scott R. Anderson, Anna Bauer, Quinta

Jurecic, and Alan Rosenstein, and with Amelia Wilson, a law professor at Pace University.

I think it's probably, again, a situation where the administration has learned that they can

issue outrageous declarations like this,

and it will be then litigated in the courts, and they're kind of going to work it out and figure

it out as they're litigating it. And again, with the Muslim ban, that worked. So why not think

that it might hear? In a live recording on January 23rd, we discussed the first batch of executive orders

by President Trump in his second term, including suspending enforcement of the TikTok ban,

...