Did a Supreme Court Loss Embolden Trump on the Insurrection Act?

January 15, 2026 | Adam Liptak | New York Times

The Supreme Court’s refusal last month to allow President Trump to deploy the National Guard in Illinois marked a rare loss for the administration in the courts. However, Justice Kavanaugh, in a footnote in a concurring opinion, suggested that the ruling could lead to the possibility of Mr. Trump invoking a different law: the Insurrection Act.

This Thursday, less than a month later, President Trump posted the following on social media: “If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me.”