Litigation & Arbitration,
Government,
Constitutional Law
Aug. 14, 2025
Breyer questions whether Posse Comitatus Act has any remedy
On the last day of a historic bench trial over the 1878 law barring military involvement in civilian law enforcement, Senior U.S. District Judge Charles R. Breyer of San Francisco questioned whether recent Supreme Court rulings on presidential immunity leave violations without consequence.
Is the Posse Comitatus Act of 1878, a post-Reconstruction statute that bars the use of military troops for domestic law enforcement, a law with no remedy?
Senior U.S. District Judge Charles R. Breyer raised the provocative question Wednesday during closing arguments in light of an assertion by Deputy U.S. Assistant Attorney General Eric J. Hamilton, arguing for President Donald Trump, that "there is no civil remedy" if he violated the law.
The San Francisco judg...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In