Professor of Law Emeritus William C. Banks fact-checked claims made by President Trump about the Insurrection Act for the CNN article “Fact check: Trump’s false claims about the Insurrection Act.”
In response to claims that there would be no court cases if he invoked the Insurrection Act, Banks said it’s “categorically false” that there couldn’t be any court cases.
Banks said the act gives the president “tremendous discretion” and that it is “very heavily weighted on his side.” But it’s “of course not true,” Banks said, “to say a court wouldn’t review what he’s done”; the courts would consider lawsuits over whether there have been violations of the law’s own requirements or violations of the Constitution.