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)

https://reason.com/volokh/2026/01/30/the-case-against-deferring-to-presidential-invocations-of-the-insurrection-act/

Source: The UnPopulist
by Anya A Bidwell

“A foundational element of our legal system is that our courts recognize, as Chief Justice John Marshall wrote in Marbury v. Madison, that ‘where there is a legal right, there is also a legal remedy … whenever that right is invaded.’ This legal principle was supposed to ensure, among other things, that individuals could fight back, receive compensation, and discourage government abuses whenever a government agent or agency had violated their rights. As profound as Marshall’s words sound on paper, today they ring hollow for victims of constitutional abuses and other wrongdoing by employees of the federal government.” (01/30/26)

https://www.theunpopulist.net/p/americans-need-legal-remedies-restored