Insurrection Powers and the Public’s Health

President Trump and his administration have repeatedly threatened to invoke insurrection powers and unleash US military and National Guard members in American cities in response to civil uprisings and alleged interferences with immigration officials' actions. In so doing, they raise a specter of significant constitutional clashes over the use of these antiquated emergency authorities. To the extent Congress is unwilling to constrain presidential discretion, the US Supreme Court may be called on to clarify the scope and limits of Insurrection Act powers.