An open letter to the U.S. Supreme Court

Supreme Court: Emergency Review - Trump Defies Court on Military Deployments

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On September 2, 2025, Federal Judge Charles Breyer ruled that President Trump violated the Posse Comitatus Act by deploying National Guard troops for domestic law enforcement in Los Angeles. The court found Trump created "a national police force with the President as its chief" - precisely what the Founders feared when designing our tripartite system. Trump's declaration that "I have the right to do anything I want to do. I'm the president of the United States" represents a fundamental rejection of constitutional limits on executive power. This case presents critical constitutional questions requiring Supreme Court review: Does the President possess inherent authority to militarize domestic law enforcement over state objections? Can executive branch officials ignore federal court injunctions when deploying military forces? The Posse Comitatus Act embodies core constitutional principles - civilian control of the military and federalism - that trace directly to the Founders' concerns about standing armies and executive tyranny. Trump's threats to deploy troops to Chicago, Baltimore, and New York despite judicial prohibition create an immediate constitutional crisis. The separation of powers fails when the executive branch defies court orders and claims unlimited presidential power. Neither Congress nor Republican leadership has acted to constrain these violations, leaving only judicial intervention to preserve constitutional governance. The Court must swiftly clarify executive limits under the Posse Comitatus Act and affirm that no president stands above judicial authority. American democracy depends on constitutional constraints that prevent any branch from claiming absolute power. We respectfully urge the Court to grant certiorari and restore the rule of law.

▶ Created on September 2, 2025 by Kansans for Democracy

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