Executive Branch

Lawfare Daily: Can State Laws Protect Against Misuse of the National Guard?

Natalie K. Orpett, Loren Voss, Elizabeth Goitein, Joseph Nunn, Jen Patja
Thursday, July 23, 2026, 7:00 AM

Breaking down the state laws governing the National Guard.

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On today's podcast, Executive Editor Natalie Orpett sits down with Liza Goitein and Joseph Nunn of the Liberty and Security Program at the Brennan Center, and Lawfare Senior Editor Loren Voss. They talk about the state laws governing the National Guard—what they allow, what they prohibit, and what it means for domestic deployments in the United States. What is the National Guard allowed to do, especially when operating in a hybrid status where the mission is defined by the president but the governor retains command and control? State laws are complex, varied, and sometimes facially unconstitutional. 

The Brennan Center recently published a compendium of those state laws at https://www.brennancenter.org/our-work/research-reports/state-and-territorial-laws-governing-national-guard. 

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Natalie K. Orpett

Natalie K. Orpett

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Natalie Orpett is the executive editor of Lawfare and deputy general counsel of the Lawfare Institute. She was previously an attorney at the law firm Jenner & Block, where she focused on investigations and government controversies, and also maintained an active pro bono practice. She served as civilian counsel to a defendant in the Guantanamo Military Commissions for more than eight years.
Loren Voss

Loren Voss

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Loren Voss ia a senior editor at Lawfare. She most recently served as Director for Defense Policy and Strategy at the National Security Council. She chairs the Lieber Society on the Law of Armed Conflict at the American Society of International Law and previously served as a Senior Advisor for the Department of Defense and taught classes on domestic deployment of the military and disinformation at GW Law. Loren previously served on active duty in the U.S. Air Force.
Elizabeth Goitein

Elizabeth Goitein

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Elizabeth Goitein co-directs the Liberty and National Security Program at the Brennan Center for Justice. She previously served as counsel to Senator Russ Feingold on the Senate Judiciary Committee and as a trial attorney in the Civil Division of the Department of Justice.
Joseph Nunn

Joseph Nunn

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Joseph Nunn is counsel in the Brennan Center’s Liberty and National Security Program. He focuses on issues surrounding the domestic activities of the U.S. military, including martial law and the Insurrection Act.
Jen Patja

Jen Patja

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Jen Patja is the editor of the Lawfare Podcast and Rational Security, and serves as Lawfare’s Director of Audience Engagement. Previously, she was Co-Executive Director of Virginia Civics and Deputy Director of the Center for the Constitution at James Madison's Montpelier, where she worked to deepen public understanding of constitutional democracy and inspire meaningful civic participation.
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