re: #41 TedStriker

Doesn’t matter if Trump federalizes them.

Whether or not he can legally do so, given the circumstances, that’s a whole ‘nother kettle of fish.

Per wikipedia, US Code allows federalization in these circumstances:

Voluntary Order to Active Duty. Federalized with the soldier’s or airman’s consent and the consent of their Governor.

Partial Mobilization. In time of national emergency declared by the President for any unit or any member for not more than 24 consecutive months.

Presidential Reserve Call Up. When the President determines that it is necessary to augment the active forces for any operational mission for any unit or any member for not more than 270 days.

Federal Aid for State Governments. Whenever an insurrection occurs in any state against its government, the President may, upon the request of its legislature or of its governor call into Federal service such of the militia of the other states. This is a statutory exception to the PCA

Use of Militia and Armed Forces to Enforce Federal Authority. Whenever the President considers that unlawful obstructions, assemblages, or rebellion make it impracticable to enforce the laws of the United States in any state or territory, he may call into Federal service such of the militia of any state. This is another statutory exception to the PCA.

Interference with State and Federal law. The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a state, any insurrection, domestic violence, unlawful combination, or conspiracy.

Air and Army National Guard. Air and Army National Guard can specifically be called into Federal service in case of invasion, rebellion, or inability to execute Federal law with active forces.

Maybe he can get away with that last one. But I’m not sure any argument under any of these rules would hold up in court for more than 10 minutes.