New York Times: “We Used to Think the Military Would Stand Up to Trump. We Were Wrong”

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By ordering 800 National Guard troops to Washington, on the pretext of an illusory crime wave, President Trump has further dragged the U.S. military into domestic law enforcement, in a move credibly perceived as an ominous “test case.” This continues what the administration started in California in June as part of the its deportation efforts.

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Unfortunately, though we (and others) had hoped that the military would only respond to calls to action in American cities and states kicking and screaming, we no longer expect resistance from that institution.

Once, perhaps, traditionalist officers might have leaned on protocol and refused to heed a lawless order, taking inspiration from the generals — Mark Milley and James Mattis — who resisted the uprooting of established military standards in the first Trump term. But today, general officers no longer seem to see themselves as guardians of the constitutional order.

It now seems clear to us that the military will not rescue Americans from Mr. Trump’s misuse of the nation’s military capabilities. Recent changes to the terms of the military’s employment by the Pentagon and its members’ incentives to career advancement will ultimately overcome any constitutional and moral qualms about their conduct.

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It may be left to the Supreme Court to enforce constitutional discipline on the U.S. armed forces. Gov. Gavin Newsom of California’s lawsuit challenging Mr. Trump’s deployment of National Guard troops is working its way through the federal judicial system. The District Court initially ruled in California’s favor, but the Court of Appeals quickly ruled for the federal government.

But the Supreme Court, which has shown scant enthusiasm for curbing presidential power, could just as easily rule for the Trump administration. The military would be unlikely to challenge the president, and his power would become that much more entrenched. The last best hope may be a broadly applicable unanimous decision upholding the District Court’s ruling that even Mr. Trump would feel compelled to respect.

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