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Originally Posted by afc wimbledon
My guess is if a Governor specifically refused the Military it would go to the Supreme Ct immediately and while they might uphold Federal power over States rights it would be a massive surprise from the Right Wing side of the Court, it would be like watching the 'Does not Compute' robot scene from Star Trek where strict constitutionalists on the right are asked to completely ignore the whole basis of their judicial philosophy to support what would clearly be a federal take over of the States
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I don't know if the Supreme Court would even hear the case or take too long to close it out.
State powers are specifically circumvented under the Insurrection Act, which was put in place in case the state was taken over by the insurrectionists.
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