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Dershowitz to Newsmax: SCOTUS Won't Block Troops Used Preventively

  • Alan Dershowitz, Harvard Law professor emeritus, predicted on Monday the Supreme Court will not block the president’s preventive deployment of federal troops amid violent immigration-related protests in Los Angeles.
  • This prediction follows the administration’s decision to send about 2,000 National Guard troops and 700 Marines to Los Angeles after ongoing riots, with Dershowitz citing historical federal troop uses and legal precedent favoring broad executive discretion.
  • Dershowitz highlighted that meeting the criteria for incitement, defined as a direct call to immediate violence, is uncommon, citing the Supreme Court ruling in Brandenburg v. Ohio. He argued that the president has a reasonable justification to proactively deploy troops to prevent violence, referencing past instances of unrest in Minneapolis, Oregon, and California as examples.
  • He explained that if the president has a justified reason to deploy troops, the Supreme Court typically will not challenge that decision; however, the court would step in if the deployment was motivated by improper purposes, such as to cancel an election.
  • Dershowitz admitted he might be mistaken and pointed out that state authorities had not effectively prevented previous episodes of unrest. He concluded that it is justifiable for the federal government to implement preventive measures similar to those taken in 1955 and 1961, anticipating that the judiciary will likely avoid interfering.
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Newsmax broke the news in Washington, United States on Monday, June 9, 2025.
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