CAN TRUMP SEND IN TROOPS WITHOUT A GOVERNOR’S APPROVAL?
Yes. The law lays out a scenarios in which the president is required to have approval from a state’s governor or legislature, and also instances where such approval is not necessary, said Robert Chesney, a professor of national security law at the University of Texas.
HAS IT BEEN INVOKED BEFORE?
Yes. The Insurrection Act has been invoked on dozens of occasions through US history. Since the civil rights movement of the 1960s, its use has become “exceedingly rare,” according to a report by the Congressional Research Service.
The Insurrection Act was last used in 1992, when the acquittal of four Los Angeles police officers in the beating of black motorist Rodney King led to deadly riots.
CAN A COURT STRIKE DOWN TRUMP’S APPLICATION OF THE LAW?
Chesney said a successful legal challenge to Trump’s use of the law was “very unlikely.” Courts have historically been very reluctant to second-guess a president’s military declarations, he said.
“The law, for all practical purposes, leaves this to the president with very little judicial review with any teeth,” Chesney said.