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By Khaleda Rahman
National Correspondent
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U.S. Supreme Court Justice Brett Kavanaugh has suggested President Donald Trump could attempt to deploy troops to U.S. cities under the Insurrection Act.
Kavanaugh’s remarks came in a separate opinion after the court on Tuesday refused to allow the Trump administration to deploy National Guard troops in the Chicago area to support its immigration crackdown.
The high court declined the administration’s emergency request to overturn a ruling by U.S. District Judge April Perry that had blocked the deployment of troops. Three justices—Samuel Alito, Clarence Thomas and Neil Gorsuch—publicly dissented.
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White House spokesperson Abigail Jackson did not confirm if Trump was considering invoking the Insurrection Act but said his administration "will continue working day in and day out to safeguard the American public."
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Why It Matters
The Insurrection Act of 1807 allows the president to call on reserve or active-duty military to suppress rebellion or domestic violence or enforce the law in states.
In 1827, the Supreme Court ruled the authority to decide whether a situation that warrants invoking the Insurrection Act "belongs exclusively to the president." Thus, it provides the president with broad power and discretion, with few legal guardrails.
Trump has previously said he would be open to invoking the Insurrection Act, but his possible use of it has drawn scrutiny. Using the act would represent a significant escalation in his efforts to deploy the military to Democratic-led cities.
What To Know
In a concurring opinion, Kavanaugh said he agreed with the decision to keep the Chicago deployment blocked but would have left the president more latitude to deploy troops in possible future scenarios.
In a footnote, he noted that as he read it, the court’s opinion "does not address the president’s authority under the Insurrection Act."
He wrote: "Moreover, the court’s opinion does not address or purport to disturb the president’s long-asserted Article II authority to use the U.S. military [as distinct from the National Guard] to protect federal personnel and property and thereby ensure the execution of federal law."
He added that one "apparent ramification" of the court’s opinion is that it "could cause the president to use the U.S. military more than the National Guard to protect federal personnel and property in the United States."
The court’s decision has led to some prominent Trump supporters to call on the president to invoke the Insurrection Act on social media.
What People Are Saying
William Banks, professor emeritus of law at Syracuse University and expert on the Insurrection Act, told Newsweek that Kavanaugh's "prediction could come true."
He said the act "has broad and open ended triggering language and it clearly constitutes an exception" to the Posse Comitatus Act, which prevents the military from enforcing U.S. law.
"One problem in present circumstances is that the administration has framed the mission as protection of federal officials and property," he said. "That doesn’t sound like insurrection, so the lawyers would have to pivot to a different framing, focused more on civil unrest. I don’t see that in Chicago or anywhere else right now, but you never know."
President Donald Trump told reporters in October: "Well, it’s been invoked before, as you know. If you look at Chicago, Chicago is a great city where there’s a lot of crime, and if the governor can’t do the job, we’ll do the job. It’s all very simple."
White House spokesperson Abigail Jackson told Newsweek: "The President promised the American people he would work tirelessly to enforce our immigration laws and protect federal personnel from violent rioters. He activated the National Guard to protect federal law enforcement officers, and to ensure rioters did not destroy federal buildings and property. Nothing in today’s ruling detracts from that core agenda. The Administration will continue working day in and day out to safeguard the American public."
Conservative activist Nick Sortor wrote on X: "BREAKING: The Supreme Court has allowed a lower court’s block on President Trump’s deployment of the National Guard to Chicago—for now.
"Prepare for assaults on ICE agents to SURGE in Chicago. This is ABSURD. Might be time for the INSURRECTION ACT, 47!"
Conservative commentator Gunther Eagleman, on X: "It’s time to INVOKE THE INSURRECTION ACT! Our agents are UNDER ATTACK daily and they CANNOT be left vulnerable. This is unfortunate, but Trump has additional pathways of protecting the men and women who are securing our sovereignty!"
What Happens Next
The Supreme Court’s order is not a final ruling, but it could have an effect on other lawsuits challenging Trump’s attempts to deploy the National Guard in other Democratic-led cities.
Meanwhile, it remains to be seen whether Trump invokes the Insurrection Act to sidestep court rulings blocking the deployment of troops.
Update 12/24/25, 9:39 a.m. ET: This article has been updated to include a statement from White House spokesperson Abigail Jackson.
Update 12/24/25, 10:05 a.m. ET: This article has been updated to include comment from William Banks.
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