# Current state
Trump has repeatedly *threatened* to invoke the Insurrection Act (Oct 2025, Jan 2026) amid ICE-related unrest, but as of the latest reporting (Aug 2026) he has not actually invoked it; deployments have instead relied on Title 10 federalization of National Guard units, which courts (including SCOTUS, Dec 2025) have now significantly restricted. The Kalshi market prices this at 18% with a recent downward trend.
# Timeline of key events
- 2025 (throughout): Trump repeatedly floats invoking the Insurrection Act amid anti-ICE protests (e.g., LA); says invocation "depends on whether or not there is an insurrection" — confirmed (claude_news).
- 2025-10 (approx.): National Guard federalized under Title 10 §12406 for deployments to Chicago, Portland, LA — confirmed (claude_news/gdelt).
- 2025-10 (late): Federal judge Karin Immergut issues permanent injunction after trial, ruling Trump admin "did not have a lawful basis to federalize the National Guard" (Oregon case) — confirmed.
- 2025-12-23: SCOTUS (6 justices) denies federal request to deploy Illinois/Texas National Guard to protect ICE personnel/property, narrowing Title 10 authority — confirmed (hstoday.us, justsecurity.org).
- 2026-01-06: Hundreds of federalized Guard members demobilized in Oregon, Illinois, California following rulings — confirmed (klcc.org/opb.org).
- 2026-01-08: ICE agent fatally shoots a 37-year-old Minneapolis woman, sparking nationwide protests — confirmed (npr.org).
- 2026-01-15: Trump threatens to invoke the Insurrection Act to suppress Minneapolis protests — reported (npr.org). Legal experts (Brennan Center's Goitein) urge taking it seriously; MN AG Ellison vows immediate litigation if invoked.
- 2026-06: Lawfare analysis argues loss of §12406 authority raises likelihood of Insurrection Act use ahead of midterms — analyst opinion (lawfaremedia.org).
- 2026-08-04/05: Homeland Security Newswire reports NORTHCOM CONPLAN 3900 may be a "prelude to Insurrection Act invocation" — rumored/speculative (homelandsecuritynewswire.com).
- 2026-08-11: Brennan Center tracker still describes Insurrection Act as only a threatened power; no invocation confirmed as of this date.
# Event
Will Trump invoke the Insurrection Act (deploy military/federalized National Guard under that statute) at any point during his presidency, before Jan 1, 2027?
# Outcomes to forecast
Yes / No
# Kalshi market anchor
KXINSURRECTION-29-27 current YES price: **18%**. Trend: -4% over 7 days, -4% over 30 days (declining from a 90-day high of 27% toward a low of 14%). Average daily volume ~790 contracts — moderately liquid, actively traded market showing cooling sentiment.
# Sub-question answers
1. **Current price/trend?** — 18% YES, down 4pts over both 7d and 30d; range 14–27% over past 90 days (kalshi_direct).
2. **Polymarket comparable?** — None found; no active Polymarket market matches "Insurrection Act," "National Guard," or "Trump military deploy" keywords (polymarket_direct/related).
3. **Has Trump stated he's considering it?** — Yes, repeatedly: comments during 2025 LA protests ("depends... if there is an insurrection") and explicit threat Jan 15, 2026 re: Minneapolis protests (claude_news/npr.org). No firmer commitment beyond rhetoric.
4. **Legal alternatives used, courts blocking them?** — Administration used Title 10 §12406 federalization for Chicago/Portland/LA/Illinois/Texas deployments; blocked by Judge Immergut's permanent injunction (Oct 2025) and narrowed by SCOTUS 6-justice ruling (Dec 23, 2025), leading to demobilization of federalized Guard troops in Jan 2026 (claude_news). Analysts say this narrows alternatives, increasing pressure toward Insurrection Act as one of two remaining paths (with inherent constitutional authority) (justsecurity.org).
5. **Historical base rate?** — Last invocation: 1992 LA riots (Bush Sr.). Since 1900, ~7 invocation-years out of 125 years (~5.6%/yr, ~0.48%/mo); only 4 of 21 presidents since 1901 ever invoked it (19%); invocations cluster in 1957-1968 civil rights era — nonstationary, not a smooth base rate (code_execution).
6. **Pending litigation status?** — SCOTUS (Dec 2025) already ruled against Title 10 deployment in Illinois/Texas case; Oregon case saw permanent injunction against federalization. No pending case specifically over an actual Insurrection Act invocation (none has occurred yet) (claude_news).
7. **Hazard-rate implied probability?** — With ~4.3 months left (as of Aug 2026) and Kalshi's 18% price, implied monthly hazard ≈4-5%/mo (well above the ~0.48%/mo historical base rate), reflecting elevated Trump-specific political risk post-SCOTUS ruling and pre-midterm tensions (code_execution modeling).
# Key facts (high-confidence, factual)
1. [kalshi_direct] Current YES = 18%, declining trend (-4pts/7d, -4pts/30d).
2. [claude_news] No confirmed Insurrection Act invocation as of Aug 2026; only threats.
3. [claude_news] SCOTUS (Dec 23, 2025) and Judge Immergut ruling narrowed Title 10 federalization authority.
4. [code_execution] Historical base rate ~5.6%/yr; last invocation 1992.
5. [kalshi_related] Comparable "martial law before 2029" market trades at 31%, higher than this narrower/shorter-horizon market.
# Cross-market signals
- Kalshi related: "Martial law before Jan 20, 2029" trades at 31% (broader scope, longer horizon) — consistent relative pricing.
- Polymarket: No comparable market exists.
- Sportsbook implied: N/A (not applicable to this event type).
# Analyst opinions and speculation
- Lawfare (June 2026): likelihood of Insurrection Act use "has only increased" post-SCOTUS ruling, especially near midterms.
- Brennan Center (Goitein): threats should be "taken seriously" given loss of alternative legal tools.
- Homeland Security Newswire (Aug 2026): speculative claim that NORTHCOM contingency planning (CONPLAN 3900) could be a "prelude" — unconfirmed, rumor-tier.
- Some outlets (alternet.org) frame broader "slow-moving coup" narratives — highly partisan/speculative, low evidentiary value.
# Directional lean per outcome
- **Yes**: Repeated explicit threats (Jan 2026), narrowing of Title 10 alternative post-SCOTUS, ongoing ICE-related unrest, midterm-related political incentives, contingency planning reports.
- **No**: No invocation in 18+ months of second term despite multiple flashpoints; historical rarity (used by only 4 presidents in 125 years); Kalshi price declining (27%→18%), suggesting market cooling on imminent risk; legal/political costs (immediate litigation threatened by state AGs) act as deterrent.
# Gaps / unknowns
- No Polymarket cross-check available.
- Unclear how close any recent incident came to actual invocation (rhetoric vs. concrete drafting/planning).
- Midterm-period (Nov 2026) unrest risk not yet materialized in data; could shift probability sharply either direction in Q4 2026.
# Calibration anchors
- Kalshi current YES price: **18%** (primary anchor), down from 27% high.
- Historical base rate: ~5.6%/yr (0.48%/mo) — implies just ~2% cumulative for remaining ~4 months absent elevated risk.
- Elevated-hazard scenarios (2-5%/mo, reflecting Trump-specific risk) imply 8-20% cumulative — roughly bracketing the current market price.