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Notes -
Other than assuming command of the national guard, what other federal entity would have a statutory mandate in this circumstance?
I know the obvious retort is "it doesn't matter and he'll just invent a legal fig leaf", but I'm interested in what existing options might exist that don't require novel legal theories.
He could send US Marshalls, to enforce the Supreme Court order. He could federalize and send any state national guard (not necessarily Texas's) in under 10 U.S. Code § 12406(3) (execute the laws of the United States), or more aggressively 10 U.S. Code § 12406(2) (rebellion or danger of rebellion). He could use the literal Army under 10 USC 332 (unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States). There's really no barrier here. I expect he could probably use the DEA or FBI or ATF on some pretext too.
More options
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More options
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