Prof. Jill Hasday Interviewed on Canadian Broadcasting Corporation to Discuss Insurrection Act

Professor Jill Hasday appeared on Power & Politics, a Canadian Broadcasting Corporation program, to discuss President Trump's statement that he would invoke the Insurrection Act to quell protests against the presence and actions of Immigration and Customs Enforcement (ICE) in Minnesota.

When asked what recourse state and local governments would have to prevent the president from invoking the Insurrection Act, Hasday said, "I think there's going to be two kinds of lawsuits, at the least. First, a lawsuit will challenge the president's authority to invoke the Insurrection Act. There are some [U.S.] Supreme Court cases suggesting that the Court will, in fact, review whether the president has correctly invoked the statute. I suspect that the state of Minnesota would seek a temporary injunction, meaning an immediate injunction, so the president cannot proceed as the case is litigated. In all likelihood, if they were able to get a temporary injunction, that order would be appealed to the Supreme Court, and we would see what the Court would do. So there would be litigation over whether the president is actually authorized under the Insurrection Act to invoke it in this circumstance. And then, of course, there would be litigation about what the military does. The Insurrection Act is not about suspending the U.S. Constitution. So, for instance, protestors still have a First Amendment right to protest, whether or not the military is here."