Lawfare Daily: Federal Judges Rule Against Trump on National Guard Deployment, Tariffs, and Removal of Migrant Children to Guatemala

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4.7 • 6.2K Ratings

🗓️ 3 September 2025

⏱️ 57 minutes

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Summary

In a live conversation on Sept. 2, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott R. Anderson, Anna Bower, and Lawfare Public Service Fellow Loren Voss to discuss Sunday’s emergency hearing in L.G.M.L. et al. v. Kristi Noem—in which Judge Sparkle Sooknanan blocked the Trump administration’s plans to send unaccompanied migrant children to Guatemala—Judge Charles Breyer’s ruling in Newsom v. Trump which found that President Trump’s use of the National Guard and U.S. Marines in Los Angeles violated the Posse Comitatus Act, and the Federal Circuit Court of Appeals ruling striking down Trump’s tariffs on International Emergency Economic Powers Act grounds.

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0:00.0	The following podcast contains advertising.
0:04.4	To access an ad-free version of the Lawfare podcast, become a material supporter of Lawfare at
0:11.5	patreon.com slash lawfare. That's patreon.com slash lawfare.
0:18.2	Also, check out Lawfare's other podcast offerings, Rational Security, Chatter, Lawfare No Bull,
0:26.9	and The Aftermath.
0:31.7	Hi, I'm Rab, an engineer at SSE, and I'm on top of one of our 260-meter offshore wind turbines.
0:40.0	But we do more than generate renewable energy.
0:42.9	We are transforming networks to power homes and businesses
0:46.4	and providing flexible backup power when wind is near an option.
0:50.4	But we're ready to get cracking and build so much more to boost the economy and secure
0:55.7	our energy future. Let's go. Find out more at sse.com slash change.
1:07.0	The reason the Trump administration thinks it can implement these policies is because it reads,
1:12.5	the case law, reads the circumstances, the political conditions, the institutional inclinations,
1:16.5	to all say the president can do what he wants with the statute.
1:19.2	And there's not really meaningful limits on that.
1:22.0	It's the Lawfare podcast.
1:23.9	I'm Benjamin Wittes, editor-in-chief of Lawfare, with Lawfare Senior Editors, Scott R. Anderson,
1:30.6	and Anna Bauer, and Lawfare Public Service Fellow Lauren Voss.
1:36.2	This is the first time that protective argument has really seen the light of day.
1:40.1	It's all based on an OLC, VOJ opinion from 1971, right?
1:44.8	So we haven't seen this conversation.
1:46.8	So it's kind of new right now, but interesting nonetheless.
	...

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