# Deference, the Insurrection Act, and Statutory History

- URL: https://talkfuse.com/story/deference-the-insurrection-act-and-statutory-history/
- Published: 2026-11-09T14:30:21+00:00
- Updated: 2026-11-09T18:06:55+00:00
- Original publisher: Reason (publisher lean: Right)
- Original article: https://reason.com/volokh/2026/11/09/deference-the-insurrection-act-and-statutory-history/
- Topics: Politics

## Key points

- A law professor says courts should give presidents less leeway over domestic troop deployments.
- He argues statutory history weighs against deference.
- The debate could shape future use of the Insurrection Act.

## Summary

A University of Wisconsin law professor argues that the Ninth Circuit was wrong to give the president substantial leeway when reviewing his decision to federalise the California National Guard. He says the statutory history points against deference, a question that could matter even more if a president invokes the Insurrection Act to deploy troops domestically.

The article discusses the 2025 Guard deployments in Los Angeles, Portland and Chicago, and the court decisions that followed. The Ninth Circuit struck down the Los Angeles deployment under 10 U.S.C. § 12406, which covers invasion, rebellion or inability to enforce federal law with regular forces; the author argues that its reasoning on deference could influence future Insurrection Act cases.

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Summarised by TalkFuse (https://talkfuse.com/). Quote the original publisher for the reporting and link this page for the summary and discussion.