Amicus With Dahlia Lithwick | Law, justice, and the courts Invoking the Insurrection Act
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Jan 17, 2026 
Joining the conversation are Steve Vladeck, a law professor renowned for his expertise on military justice and national security, and Julia Gegenheimer, a former DOJ prosecutor now at Georgetown Law. They delve into the complexities of the Insurrection Act, discussing its historical context and why Trump's potential invocation could overstep legal boundaries. Julia raises alarms about the Justice Department’s lack of accountability in cases like Renee Good’s killing, emphasizing the troubling implications of a politicized DOJ and excessive force in policing.
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Insurrection Act Is Narrow And Historical
- The Insurrection Act is a set of four statutes allowing federal forces to suppress insurrection, repel invasion, or "execute the laws of the union."
- Historically presidents used it narrowly when states were unwilling or unable to enforce federal law, not for ordinary protests.
Past Invocations Were Legally Narrow
- Presidents have invoked the Insurrection Act roughly 30 times, mostly without major legal controversy.
- Past invocations required clear state failure or threats to federal officers, such as the 1962 Mississippi intervention.
Minnesota Facts Don’t Fit The Act
- Current Minneapolis protests do not present the state-level obstruction the Act targets because obstruction here stems from protesters, not Minnesota officials.
- Invoking the Act for private protest activity would normalize using troops against political speech.