The Conference
The University of Pennsylvania’s Center for Ethics and the Rule of Law (CERL) will convene a group of high-level subject matter experts from a variety of disciplines and perspectives, under Chatham House Rule, to address the urgent challenges posed by recent military deployments to support civilian law enforcement operations, both at home and abroad. The conference will focus on new threats to the rule of law, the chain of command, constitutional rights, democratic governance, and the evolution of such threats over time.
Throughout its history, the U.S. military has assisted federal, state, and local authorities in responding to homeland security incidents when the response requirements have exceeded those authorities’ resources. These incidents have included civil disturbances, border security, logistical support for and military cooperation with civilian law enforcement agencies, drug interdiction and counter-drug activities, presidential inaugurations, and public health emergencies. However, new issues have emerged with the deployment of the National Guard in U.S. cities in 2025, the large number of customs and border patrol agents deployed to U.S. cities, the U.S. military’s Operation Southern Spear resulting in airstrikes and naval operations linked to counter-drug operations, and the execution of Operation Absolute Resolve resulting in the capture of President Nicolás Maduro of Venezuela and his wife, Cilia Flores, after indictment for narco-terrorism conspiracy offenses.
The closed-door conference will take place at the University of Pennsylvania’s facilities in Washington, D.C. (Penn Washington), on April 15-16, 2026.
Conference Report
Schedule
Wednesday, April 15
1:30 – 2:00 pm Arrivals & Registration
2:00 – 3:00 pm
Session 1
Deployments of the National Guard
The session will discuss the president’s power to federalize and deploy the National Guard. It will cover the theory of the protective power and recent invocations pursuant to 10 U.S.C. § 12406, as well as how these authorities intersect with the Posse Comitatus Act. The discussion will pay particular attention to the rationale and impact of the Supreme Court’s decision on the emergency docket in Trump v. Illinois and other lower court decisions regarding these deployments.
3:00 – 3:15 pm Break
3:15 – 4:15 pm
Session 2
The Insurrection Act and Martial Law
The session will focus on the history of the Insurrection Act and its potential future invocations. Of particular concern is what recourse states, individuals, and other entities would have to challenge an invocation, and what level of judicial review would be appropriate. The session will also address the legal basis (or lack thereof) for martial law in the United States and the differences between martial law and the Insurrection Act.
4:15 – 4:30 pm Break
4:30 – 5:30 pm
Session 3
U.S. Immigration and Customs Enforcement (ICE) Surges and Federalism
The session will address the recent ICE surges across the United States, with particular focus on the situation in Minneapolis and St. Paul, and their impact on state and local government operations. The discussion will address the ability of states and localities to challenge the surges on a Tenth Amendment basis, such as in Minnesota v. Noem, and the district court’s reasoning in that case. Other federal-state conflicts, such as the ability of a state to prosecute federal agents, will also be discussed.
6:00 pm Dinner
Thursday, April 16
8:30 – 9:00 am Breakfast
9:00 – 10:15 am
Session 4
Rights Violations
Conference participants will discuss the impact of deployments of federal agents on rights violations. For example, the session will address the ability of protesters to exercise their First Amendment rights in response to ICE protests, and efforts to protect protesters. Participants will also discuss the potential for federal agents to threaten voting rights in the upcoming midterm elections.
10:15 – 10:30 am Break
10:30 – 11:45 am
Session 5
Operation Absolute Resolve in Venezuela and the Capture of Nicolás Maduro
The session will focus on the legal complexities surrounding Operation Absolute Resolve in Venezuela and the capture and rendition of the Venezuelan President, Nicolás Maduro. In particular, it will scrutinize the legal basis of the Office of Legal Counsel’s (OLC) memo on this issue. It will also discuss the legality of the strike under international law and the OLC memo’s contention that the president is not bound by international law.
11:45 – 12:45 pm Lunch
12:45 – 2:00 pm
Session 6
Operation Southern Spear and the U.S. Boat Strikes in the Caribbean and the Eastern Pacific
The session will focus on the legal issues arising from the Trump administration’s campaign of boat strikes in the Caribbean and the eastern Pacific against alleged “narco-terrorists” and from the seizure of oil tankers. The session will also take a wider lens and examine other efforts to use the United States military to conduct drug enforcement in the past. Potential efforts to hold the administration accountable for the boat strikes will also be evaluated.
2:00 – 2:15 pm Break
2:15 – 3:30 pm
Session 7
Refusal to Obey Illegal Orders
The final session will present CERL’s recent white paper on the law of superior orders. Additionally, implications of presidential immunity for the chain of command resulting from Trump v. United States will also be discussed.
Keynotes
Thursday, October 1, 2020
Keynote 5
3:00 – 4:00 pm
The Rule of Law? Maximizing Hard and Soft Law Arctic Governance
This session will consider the current and future state of hard and soft Arctic governance mechanisms – including the United Nations Convention on the Law of the Sea (UNCLOS), treaties, and the Arctic Council – and their ability to advance strategic physical and economic security objectives in the region.
Moderator:
Amb. David Balton, Senior Fellow, Polar Institute, Wilson Center; fmr. U.S. Assistant Secretary of State for Oceans and Fisheries
Panelists:
Dr. Dalee Sambo Dorough, Chair, Inuit Circumpolar Council; Senior Scholar and Special Adviser on Arctic Indigenous Peoples, University of Alaska Anchorage
Dr. Lassi Heininen, Professor of Arctic Politics, University of Lapland; Editor of Arctic Yearbook
Hon. Inuuteq Holm Olsen, Head of Representation for Greenland
Participants
Warren Distinguished Professor of Law
The University of San Diego School of Law
Professor of Law
The Rutgers Law School
ILP Academic Administrator, Philosophy PhD Candidate
University of Pennsylvania
Background Readings
For Participants
Conference registrants may access background readings and a list of participants. To gain access, please enter the password provided to you by the CERL conference team. If you have any trouble accessing the materials, please contact [email protected].
Contact us
For any questions regarding the conference or registration, please contact: [email protected]