Back in the Reagan Administration several governors challenged the right of the President to send the National Guard on deployments to Central America. the Supreme Court ruled against the governors. Thus, there is a precedent which, despite some factual differences, is most likely to be upheld.

Nevertheless, the policy issue is real and the over reliance on Reserve Components for repeated, long term, overseas deployments to an ongoing war is one in which there are far more negative consequences than positive ones. Unfortunately, there is no good short term fix and the long term fix simply takes the long term and significantly more funding.