S.Amdt. 1747

SA 1747. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of part II of subtitle D of title V, add the
following:

SEC. ___. REBUTTABLE PRESUMPTION AGAINST LAWFULNESS OF ORDERS
TO DEPLOY OR USE REGULAR MEMBERS OF THE ARMED
FORCES TO SUPPRESS INDIVIDUALS PEACEABLY
ASSEMBLED TO PETITION FOR A REDRESS OF
GRIEVANCES.

(a) In General.--There shall be a rebuttable presumption
that an order to deploy or use regular members of the Armed
Forces to suppress individuals peaceably assembled to
petition for a redress of grievances is not a lawful order
for purposes section 892 of title 10, United States Code
(article 92 of the Uniform Code of Military Justice), or any
other purposes in law.
(b) Strict Scrutiny.--In evaluating arguments to rebut the
presumption in subsection (a) with respect to a particular
order described in that subsection, a court shall require the
arguments to rebut to advance compelling governmental
interests and be the least restrictive means of doing so.
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