As the midterm elections approach, experts warn about the legal and institutional tactics President Trump could employ to attempt to turn them in his party’s favor. Writing for the Democracy Project at NYU Law, Faculty Director Claire Finkelstein and Distinguished Senior Fellow Brenner Fissell explain that the president could attempt to invoke several different laws to justify sending armed troops to polling stations, and that much will depend on how and when the courts interpret several complex statutes. Additionally, they discuss the law of superior orders to note that it may be practically difficult for members of the armed forces to refuse such orders if they receive them.

Claire Finkelstein is the Algernon Biddle Professor of Law and Professor of Philosophy and Faculty Director of the Center for Ethics and the Rule of Law. Read her bio here. 

Brenner M. Fissell is professor of law (with tenure) at Villanova Law. He is a Distinguished Senior Fellow at the Center for Ethics and the Rule of Law. Read his bio here.

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.