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Trump threatened to invoke the Insurrection Act (again). What is it?
Law enforcement officers stand amid tear gas at the scene of a shooting Wednesday in Minneapolis.
Adam Gray/AP
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Adam Gray/AP
President Trump on Thursday threatened to invoke the Insurrection Act to suppress protests in Minnesota, a week after an ICE agent fatally shot a 37-year-old Minneapolis woman.
The shooting death of Renee Macklin Good sparked protests nationwide against ICE’s continued presence in Minnesota and across the country.
Protesters were further incensed on Wednesday evening when ICE agents in Minneapolis shot a Venezuelan immigrant in the leg during an attempted arrest.
Writing on Truth Social, Trump said: “If the corrupt politicians of Minnesota don’t obey the law and stop the professional agitators and insurrectionists from attacking the Patriots of I.C.E., who are only trying to do their job, I will institute the INSURRECTION ACT, which many Presidents have done before me, and quickly put an end to the travesty that is taking place in that once great State.”
The act is one way the president can send troops to states to restore law and order. But unlike in Trump’s National Guard deployments in 2025, the Insurrection Act would allow armed forces to carry out law enforcement functions, such as making arrests and conducting searches.
The law could open the door to significantly expanding the military’s role in quelling protests, protecting federal buildings and carrying out immigration enforcement, which some of Trump’s aides have suggested he do.
Since Thomas Jefferson signed it into law in 1807, the Insurrection Act has only been invoked about 30 times. The last instance was over three decades ago. During his second term, Trump has repeatedly brought up the idea of invoking the statute.
“If people were being killed and courts were holding us or governors or mayors were holding us up, sure I’d do that,” he told reporters back in early October.
Trump has also erroneously claimed that nearly half of all U.S. presidents have invoked the law and that it was invoked 28 times by a single president, as he said during an interview with CBS’ 60 Minutes in late October.
In reality, only 17 out of 45 presidents — or 37% — utilized the law, according to the Brennan Center for Justice, a nonpartisan law and policy organization that in 2022 tracked all Insurrection Act invocations. The group also did not find a president who invoked the emergency powers more than six times, as Ulysses S. Grant did during the Reconstruction era.
The White House did not release a statement on the president’s threat.
Here’s what to know.
How would the Insurrection Act get used?
There are three ways that the president can invoke the Insurrection Act, according to the Brennan Center for Justice.
The first is at the request of a state’s legislature or governor facing an “insurrection.” The law itself does not elaborate on what qualifies as an insurrection, but legal scholars generally understand the term as referring to a violent uprising of some kind.
In the second path, the president does not need a state’s consent to deploy troops when “unlawful obstructions, combinations, or assemblages, or rebellion” makes it “impracticable” to enforce federal laws.
The third path also does not require the affected state’s support. In this case, the president can send in the military to suppress an insurrection that “hinders the execution of the laws” or “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.”
Before invoking the Insurrection Act, the president must first order the “insurgents” to disperse within a limited amount of time.
How would troop deployments differ under the Insurrection Act?
So far during Trump’s second term, National Guard troops have been called into Los Angeles, Chicago and Portland, Ore., under a statute known as Title 10, which places the force under federal control. The operations in Memphis and Washington, D.C., were authorized under Title 32, meaning they were under state command. (The situation in D.C is unique since the federal district is not a state and therefore does not have a governor.)

Under these deployments, Guard forces are subject to the Posse Comitatus Act, which generally prohibits federal military personnel from acting as police on American streets. It’s rooted in one of the nation’s founding principles, which opposes military involvement in civilian affairs.
The Insurrection Act, however, is a key exception to the law.
The controversial emergency powers were last used during the 1992 Los Angeles riots after the acquittal of four police officers in the beating of Rodney King.
Former President George H.W. Bush invoked the law at the request of then-California Gov. Pete Wilson, who was worried that local law enforcement could not quell the unrest alone.
But that deployment also showed the risks of using military personnel as law enforcement. In an infamous moment, LA police officers asked a group of Marines to “cover” them as they approached a house. The Marines interpreted their request as asking them to open fire, while the police officers actually wanted them to stay on guard.

“The Marines then lay down suppressing fire. The police were completely aghast,” Mick Wagoner, a retired Marine Corps lieutenant colonel, told NPR earlier this year.
How much power does the Insurrection Act give the president?
Some of the Insurrection Act’s power comes from what’s not actually in it.
Terms like “insurrection,” “rebellion” and “impracticable” are loosely defined and give broad deference to the president, according to William Banks, professor emeritus of law at Syracuse University and an expert in national security and emergency powers.
“It’s incredibly open-ended and grants him a dramatic amount of discretion to federalize an incident,” he added.
The law also does not mention time constraints on the troop deployments. Nor does it involve Congress in the process to maintain checks and balances, Banks added.
The Insurrection Act has also been rarely tested in the courts. Trump himself described the Insurrection Act as providing legal cover.

“Do you know that I could use that immediately and no judge can even challenge you on that. But I haven’t chosen to do it because I haven’t felt we need it,” he said during the October 60 Minutes interview.
Despite its broad language, legal experts argue that historical precedent matters when it comes to the Insurrection Act.
If Trump were to invoke the law to address crime or enforce immigration laws, it would represent a sharp departure from past uses and would likely face legal challenges, according to Laura A. Dickinson, a professor at The George Washington University Law School who focuses on national security.
“ While it seems very broad on its face, it’s not a blank check,” she said.
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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A moderately strong, 5.1-magnitude earthquake struck in the North Pacific Ocean on Wednesday, according to the United States Geological Survey.
The temblor happened at 5:45 a.m. Pacific time about 40 miles west of Petrolia, Calif., data from the agency shows.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks detected
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
The New York Times
When quakes and aftershocks occurred
Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Wednesday, June 3 at 6:03 a.m. Pacific time. Aftershocks data is as of Wednesday, June 3 at 8:01 a.m. Pacific time.
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California’s primary for governor is undecided as candidates vie to be in the top two
Xavier Becerra, Democratic gubernatorial candidate for California, and Steve Hilton, Republican gubernatorial candidate for California, shake hands while arriving for a gubernatorial debate at KRON Studios in San Francisco in April.
Jason Henry/Getty Images North America
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Jason Henry/Getty Images North America
SAN FRANCISCO — The primary election for California governor is too close to call, with vote counting continuing Wednesday. Democrat Xavier Becerra and Republican business executive Steve Hilton lead the field with Democrat Tom Steyer in third place.
In California’s unusual primary system, all candidates, regardless of party, appear on a single ballot open to any registered voter. The top two candidates then move on to the general election, even if they’re from the same party. This year, voters had 60 names for governor to choose from.
The winner will lead the country’s most populous state, where leaders often take on national political prominence. Incumbent Gov. Gavin Newsom is at his two-term limit and could be a Democratic contender for president.
Becerra, former Health and Human Services secretary under President Joe Biden, pitched himself to voters as an experienced political leader who isn’t afraid of President Trump, but his lead caps one of the most surprising and dramatic comebacks in recent state political history. As recently as April, polls were showing Becerra — also a former member of Congress and California attorney general — languishing in single digits in a crowded field.
In his remarks at his watch party in Los Angeles, Becerra noted his underdog status.
“Here in Hollywood’s hometown, we love a good underdog success story,” he said, drawing parallels between his campaign and his immigrant parents’ success story in California. “Guess what? The underdog stayed in the fight. Like my parents, I never gave up. Never stopped putting one foot in front of the other. Never stopped believing in the beacon-like goodness of California. And thankfully, neither did you.”
Hilton is a former Fox News commentator who also served as a political adviser to former British Prime Minister David Cameron. He was endorsed by President Trump in April, helping him to pull ahead of Riverside County Sheriff Chad Bianco, the other major Republican in the race. Hilton has campaigned on the idea that California needs change after 16 years under total Democratic control.
The race is narrowing down after a tumultuous campaign
At his watch party in Huntington Beach, the British-born candidate — who became an American citizen five years ago — said it was the “honor of his lifetime” to receive over 1 million votes so far.
“Change is coming to California and it’s long overdue,” Hilton said. “We’re not there yet, but it’s looking good. It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction.”
Democratic billionaire activist Steyer spent more than $213 million of his own money to boost his candidacy and push a progressive, populist message. While he was trailing Becerra and Hilton on Tuesday night, he said at his watch party in San Francisco that he remains confident he can close the gap in the days ahead.
“Together, we’ve scared the hell out of the corporate interests used to getting their way,” Steyer said. “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re gonna give democracy a time to work. And we know we finished really strong.”
The early results are not certain to hold, in part because of unusual voting patterns in this primary election: Ballot-tracking data heading into Tuesday evening showed that Republicans were more likely to vote early by mail, while Democratic voters in this deep-blue state held onto their mail-in ballots or chose to vote in person. That’s the reverse of recent elections, which saw more Democrats voting by mail and Republicans tending to vote in person on Election Day.
The uncertainty on election night capped a race that remained crowded and unsettled to the end. To some extent, the race was defined by who wasn’t running.
Some of the state’s most high-profile Democrats — former Vice President Kamala Harris, U.S. Sen. Alex Padilla and California Attorney General Rob Bonta — all passed on a potential bid to succeed Newsom.
The race was disrupted in April when then-U.S. Rep. Eric Swalwell’s campaign for governor imploded amid allegations of sexual assault and harassment. Swalwell resigned from Congress shortly after the accusations surfaced and has denied assault allegations.
Swalwell had been gaining in polls and racking up high-profile endorsements, and his exit seemed to primarily benefit Becerra, who had been stuck in single digits in many polls. Ultimately, it quieted fears among Democrats who worried that the messy Democratic field could result in Bianco and Hilton winning the top spots in the June primary.
Marisa Lagos covers California politics at KQED and co-hosts the Political Breakdown show and podcast.
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Supreme Court reinstates Republican-favored Alabama congressional districts
The U.S. Supreme Court
Tasos Katopodis/Getty Images
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Tasos Katopodis/Getty Images
The Supreme Court on Tuesday cleared the way for Alabama to use a congressional district map favored by Republicans.
The court, in an unsigned order, overturned a three-judge district court panel that found that the map is “tainted by intentional race-based discrimination.” The court’s three liberals publicly dissented.
The ruling means that Alabama’s 2026 midterm elections will feature six Republican-leaning districts and one Democratic-leaning one, as opposed to a map with only five safe Republican seats. Democrat Shomari Figures, who represents Alabama’s Second District, will likely lose his seat as a result of the high court’s ruling.
The story of Alabama’s congressional map is long and tortured. It began in 2021, when the state implemented a new map to account for population changes in the census. The map featured only one majority-black district out of seven, even though the state is more than one-quarter Black.
Voters immediately sued, claiming the map illegally diluted minority votes in violation of the Voting Rights Act and the Constitution. Lower court judges agreed, ruling that the state must draw a map with two districts where Black voters have a realistic chance of electing their candidate of choice. The Supreme Court more than once has ordered Alabama to draw a compliant map.
But the state has refused and instead continued to litigate the case. On Tuesday, that tactic paid off.
What changed? In April, the Supreme Court’s conservative supermajority all but gutted what remains of the Voting Rights Act, ruling that states cannot purposefully draw districts that are majority-minority.
Alabama then asked the high court to reinstate the state’s old map, under the theory that this new ruling meant that it was permissible to use a map with only one majority-Black district. In an unsigned, unexplained order in May, the high court essentially reversed its previous opinions, and allowed Alabama to use the old map for the upcoming midterm elections.
This set off a flurry of activity in Alabama. By the time the Supreme Court issued its May order, absentee balloting had already begun, using the court-drawn map. So Republican Governor Kay Ivey cancelled elections and scheduled a special primary for August for the affected congressional races.
The case, however, was not over.
In its ruling, the Supreme Court had ordered a lower court panel to continue evaluating Alabama’s map in light of its recent Voting Rights Act decision. And just 15 days after that order, the panel, composed of three Republican judges—two of them Trump appointees—concluded unanimously that even under the Supreme Court’s new standards, the plan for a single black district was “intentionally discriminatory.”
So, once again, Alabama returned to the Supreme Court, arguing that the map was partisan, not racially discriminatory. In short, that the Republican legislature simply drew the map to elect more Republicans. And that under the Supreme Court’s new interpretation of the Voting Rights Act, the GOP map should be allowed to stand.
The court’s conservative agreed, writing that the lower court “did not heed the presumption of legislative good faith.”
The court’s three liberals publicly dissented, castigating the conservative majority for failing to abide by its 2006 decision in the case of Purcell v. Gonzalez. That decision declared that courts should not change election rules too close to an election.
Justice Sonia Sotomayor, in her dissent, said the court “debases the democratic process” and “corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.”
Tuesday’s decision is the latest in a series of Supreme Court rulings that could well reshape the 2026 midterm elections, making it much harder for Democrats to prevail.
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