Source: The Volokh Conspiracy
by Ilya Somin
“Donald Trump has often threatened to invoke the Insurrection Act as a tool for using the military against his domestic opponents. Many observers believe this became more likely after the Supreme Court ruled against his efforts to federalize state National Guard units and use them for domestic law enforcement under a different statute. The conventional wisdom on the Insurrection Act is that the president is entitled to broad judicial deference if he invokes it. In an important new article, Prof. Josh Braver (University of Wisconsin) argues that the conventional wisdom is wrong.” (01/30/26)