Wednesday, November 5, 2025

Insurrection Act Appeal 11-5-25

The text of the Insurrection Act of 1807, as originally enacted, states that it is lawful for the President to "employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary" to suppress an insurrection or enforce the laws when a state or the federal government requests assistance. Modern versions of this law are found in Title 10 of the U.S. Code and provide a more detailed framework for when the President can use military force within the United States to quell domestic violence or suppress rebellion.  

The original text of the Insurrection Act of 1807 (Ch. 39, 2 Stat. 443) reads as follows:

The Insurrection Act of 1807 permits the President to use the U.S. military or federalize the National Guard under specific conditions to address insurrections or obstructions of the law. The original text of the act states that the President can employ the land or naval force to suppress insurrections or ensure laws are executed, after observing legal prerequisites. The full text of the 1807 act can be found loveman.sdsu.edu. The act has been amended and is now codified in Sections 251 through 255 of Title 10 of the United States Code. These provisions outline conditions under which the President can act, including responding to a state's request during an insurrection, addressing insurrections that impede federal law enforcement, and intervening when constitutionally protected rights are denied due to insurrection, domestic violence, or conspiracy and state authorities are unable to provide protection. 

https://www.google.com/search?q=insurrection+act+1807+text

The Supreme Court has not yet agreed to review an Insurrection Act appeal by the Trump administration. While some related cases have been in lower courts, they have not been appealed to the Supreme Court or the Supreme Court has not taken them up yet. Therefore, there is no date scheduled for a Supreme Court review. 

A related case that focused on the deployment of federal troops was dismissed by a district court, affirmed by the Ninth Circuit Court of Appeals on July 25, 2025.

Another case involving the use of federal resources in Memphis, Tennessee has been discussed in the news, but it is not clear if this is the specific case you are asking about and it is not clear if it will be heard by the Supreme Court.

The Supreme Court has other cases scheduled for argument in the 2025-2026 term, but none of them appear to be related to the Insurrection Act. 

The Supreme Court has not scheduled a specific date to review a direct "insurrection act appeal" by the Trump administration in 2025. 

However, the Court is currently involved in several active legal challenges in the fall of 2025 related to the Trump administration's use of the National Guard for domestic law enforcement (specifically in Chicago and Portland), which involves the scope and legality of the President's authority in this area, sometimes discussed in the context of the Insurrection Act. 

Key points regarding the current status:

Appeals courts have issued conflicting rulings on the President's authority to deploy the National Guard without state consent, creating a "split" that makes Supreme Court review likely.

The Trump administration has urged the Supreme Court to overturn lower court orders that blocked the deployments in cities like Chicago.

The Supreme Court has requested further information in the case concerning the deployment of the National Guard as of late October 2025, a sign that the cases are under consideration.

While an explicit date for oral arguments on the core issue hasn't been set, related procedural battles (such as emergency applications for stays) have been before the court.

The actual Insurrection Act itself has been a subject of related legislative reform proposals in Congress in 2025, but the primary Supreme Court action revolves around the legality of the National Guard deployments under existing law. 

Decisions on the specific legal challenges to the National Guard deployments may come as early as late 2025 or in the first half of 2026 as part of the current term's docket. 

https://www.google.com/search?q=when+will+the+supreme+court+review+the+insurrection+act+appeal+by+the+trump+administration+2025

Comments

The Trump DOJ is asking the Supreme Court to enable US Law Enforcement to enforce Federal Law. I expect the Supreme Court to agree.

Norb Leahy, Dunwoody GA Tea Party Leader

 

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