Invoking the Insurrection Act
Amicus With Dahlia Lithwick | Law, justice, and the courts
Slate Audio
4.6 • 3.4K Ratings
🗓️ 17 January 2026
⏱️ 67 minutes
🧾️ Download transcript
Summary
President Trump REALLY wants to invoke the Insurrection Act. He’s fallen hard for this 200-year-old law that would allow him to deploy active duty military to enforce civilian law on American streets. On this week’s Amicus podcast, co-host Mark Joseph Stern is joined by Professor Steve Vladeck, a nationally recognized expert on the Supreme Court, federal courts, national security law, and military justice. They discuss what’s been stopping Trump from invoking the act so far, why he has no legal authority to do so right now, and what happens if he does it anyway.
Next, Mark talks to Julia Gegenheimer, former special litigation counsel in the Justice Department’s Civil Rights Division’s Criminal Section, and now a special litigation counsel at Georgetown Law’s Institute for Constitutional Advocacy and Protection. Julia and Mark discuss the remaining paths to justice after the killing of Renee Good and examine what happens when the DOJ abandons its duty to seek accountability and vindicate civil rights.
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Transcript
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| 0:00.0 | This is Amicus, Slate's podcast about the courts, the law, and the Supreme Court. |
| 0:09.6 | I'm Mark Joseph Stern, in for Dahlia, who is off this week. Don't worry, she's totally fine, |
| 0:14.5 | and we'll be back next week. What a year it has been. |
| 0:24.2 | By the time you're listening to this episode, I imagine you're perhaps brewing the first coffee of this Martin Luther King Jr. Day weekend. |
| 0:31.5 | Or maybe heading to a protest somewhere or just walking your dog. |
| 0:36.2 | By the time you're listening to this episode, President Donald Trump may have invoked |
| 0:40.5 | the Insurrection Act. |
| 0:41.5 | The federal government has deployed 3,000 immigration officers to Minnesota, outnumbering members |
| 0:47.8 | of the Minneapolis Police Department by about 5 to 1, according to the Minnesota Star Tribune. |
| 0:53.7 | The ACLU is suing the administration |
| 0:55.9 | for racially profiling Minnesotans of color, while reports grow of U.S. citizens being |
| 1:01.4 | picked up, roughed up, and dumped in retaliation for following or filming immigration agents. |
| 1:07.9 | The situation is escalating, and the accelerant is not the protesters or the immigrants |
| 1:12.9 | they're trying to protect, but the federal government. The question now is what happens if the |
| 1:18.3 | military is thrown into this volatile mix. In a moment, I'll be speaking with Steve Loddick, a professor |
| 1:24.0 | at Georgetown University Law Center, and great friend of the show about the |
| 1:27.7 | Insurrection Act and what we might expect if Trump invokes it. |
| 1:31.2 | The Insurrection Act is really about circumstances where the states themselves are either |
| 1:37.5 | unwilling or unable to enforce their laws, not federal law, or where they're the ones who are |
| 1:42.8 | specifically thwarting federal law enforcement. Later on're the ones who are specifically thwarting federal |
| 1:44.6 | law enforcement. |
| 1:46.1 | Later on in the show, we're going to stay with events in Minnesota, zooming in on the murder |
... |
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