Trump could in theory be challenged in court if he uses the Insurrection Act, but experts say it is unlikely that judges would stop him.
Courts have historically been very reluctant to review a president’s military declarations, said law professor Robert Chesney of the University of Texas.
Beyond that, it would ultimately be up to voters to remove the president at the next election if they disapprove of his use of the Act.
‘Historically, the real checks on abuse of these authorities have been political,’ said Vladeck, the law professor.
