10 U.S.C. § 251
Federal aid for State governments
Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.
Notes of Decisions
Cited in 8
cases (7 in the last 5 years), 2020–2025 · leading case: Sierra Club v. Donald Trump, 977 F.3d 853 (9th Cir. 2020).
Sierra Club v. Donald Trump, 977 F.3d 853 (9th Cir. 2020). “, 10 U.S.C. §§ 251–252, 271–284. Because the “use of the armed forces” that has been declared necessary by the President is thus the provision of support to DHS in securing the border, the only question before us is whether the Secretary properly determined that the 11…”
Dist. of Columbia v. Trump (D.D.C. 2025). “See 10 U.S.C. §§ 251–53; id. § 12406. When federalized, the National Guard is subject to the restrictions of the Posse Comitatus Act, barring it from conducting domestic law enforcement.”
Military Support for Customs & Border Prot. Along the S. Border Under the Posse Comitatus Act (OLC 2021). “, 10 U.S.C. § 251 (authorizing the military, under certain circumstances, to “suppress .”
Caldwell v. United States (Fed. Cir. 2024). “Code title 42 (civil rights); 10 U.S.C. §§ 251–254; the First, Fourth, Fifth, Eighth, Thirteenth, and Four- teenth Amendments to the U.”
Caldwell v. United States (Fed. Cl. 2025). “Many — including criminal laws, civil rights laws, 10 U.S.C. §§ 251–254, the First, Fourth, Fifth, Eighth, Thirteenth, and Fourteenth Amendments to the U.”
DC v. Donald Trump (D.C. Cir. 2025). “See 10 U.S.C. §§ 251–253, 12406. That process has been termed “federalizing” the National Guard.”
Trump v. Illinois (2025). “§1385 , and the Insurrection Act, 10 U. S. C. §§251–255? What, if any, inherent Article II power does the President have to deploy the Guard to pro- tect federal personnel or property, and how might that in- form the interpretation of §12406(3)? And if, as all parties seem to…”
Trump v. Illinois (2025). “§1385 , and the Insurrection Act, 10 U. S. C. §§251–255? What, if any, inherent Article II power does the President have to deploy the Guard to pro- tect federal personnel or property, and how might that in- form the interpretation of §12406(3)? And if, as all parties seem to…”
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