Professor of Law Emeritus William C. Banks spoke with CNN after the Supreme Court ruled blocking President Donald Trump from sending the National Guard into American cities. This may raise the possibility of the President to invoke the Insurrection Act and the deployment of U.S. troops to American cities.
Banks told CNN that such a move would almost certainly be more politically dicey. “Instead of part-time National Guard personnel, the president could send in the 82nd Airborne in heavy armor and gear and gin up some heavy martial images for our screens,” Banks said.
“There’s only a little bit of daylight between no law and the Posse Comitatus prohibition and the Insurrection Act,” Banks said. “There’s no other space for them to work.”