Will Baude

interim decision.

So can we walk people through it?

I mean, I guess one thing just to set it up is the court is going to decide this case on the basis of a legal argument that had not been directly raised by the parties.

Instead, it was raised in an amicus brief by

Marty Lederman, and it was then the subject of the court's request for additional briefing.

So that was when we sort of thought, okay, the court seems to want more.

And so just so I'm understanding and people are understanding, this is part of the opinion I found a little confusing.

So they're not they're not saying they're not clearly answering the Article two question.

Right.

Right.

They're they're sort of saying the president relies on inherent constitutional authority that, according to the government, allows him to use the military military to protect federal personnel and property.

But then that's not executing the laws under the Posse Comitatus Act.

The government says that.

Therefore, it's not executing.

That doesn't work for purposes of 12-406-3.

As a matter of constitutional authority, he would have to federalize it according to statute before he could invoke that.

Right.

Well, it's got to be.

It's even colder.

Yeah, well...