Invoking the Insurrection Act episode artwork

EPISODE · Jan 17, 2026 · 1H 6M

Invoking the Insurrection Act

from Amicus With Dahlia Lithwick | Law, justice, and the courts

President Trump REALLY wants to invoke the Insurrection Act. He’s fallen hard for this 200-year-old law that would allow him to deploy active duty military to enforce civilian law on American streets. On this week’s Amicus podcast, co-host Mark Joseph Stern is joined by Professor Steve Vladeck, a nationally recognized expert on the Supreme Court, federal courts, national security law, and military justice. They discuss what’s been stopping Trump from invoking the act so far, why he has no legal authority to do so right now, and what happens if he does it anyway. Next, Mark talks to Julia Gegenheimer, former special litigation counsel in the Justice Department’s Civil Rights Division’s Criminal Section, and now a special litigation counsel at Georgetown Law’s Institute for Constitutional Advocacy and Protection. Julia and Mark discuss the remaining paths to justice after the killing of Renee Good and examine what happens when the DOJ abandons its duty to seek accountability and vindicate civil rights. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

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Invoking the Insurrection Act

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