Chesney Discusses the Insurrection Act
Jun 15, 2020 | National Security Law
Professor Robert M. Chesney, Director of the Strauss Center, James A. Baker Chair in the Rule of Law and World Affairs, and Associate Dean for Academic Affairs at the University of Texas School of Law, was recently quoted in a Reuters’ explainer of President Trump’s threat to use federal troops to quell unrest surrounding the murder of George Floyd in police custody. Chesney’s first comment affirmed that President Trump is, in fact, able to send in troops into a state without a Governor’s approval. Chesney further noted that a legal challenge to President Trump’s hypothetical use of military force would not likely be successful, as the courts have historically been unwilling to contradict a President’ military declarations. Such is the nature of the Insurrection Law, argued Chesney: the President has considerable leeway which is not paired with robust judicial review. Read the full explainer here.