Supreme Court's National Guard decision could force new debate over how Trump could use Insurrection Act
The Supreme Court’s decision Tuesday blocking President Donald Trump from sending the National Guard into American cities is likely to raise a politically fraught debate about the president’s willingness to invoke a 19th-century law to deploy the regular military on American soil instead.
Throughout his campaign and in the early months of his second term, Trump and his aides repeatedly teased the idea of invoking the Insurrection Act to deploy the military for domestic purposes — a move that, while perhaps politically unpopular, would give him broad discretion to skirt the general prohibition on using the military domestically.
In its order Tuesday, the Supreme Court focused on another federal law Trump tried to use to federalize hundreds of members of the Illinois National Guard. That law allows a president to call up the guard if he is unable to execute the nation’s laws with the “regular forces.” Over dissent from three conservative justices, the Supreme Court ruled that Trump had not met that law’s requirements.
But the decision on the court’s emergency docket did not deal directly with other authorities Trump could attempt to use.
https://www.yahoo.com/news/articles/supreme-court-national-guard-decision-110059464.html