Fact check: Can state governors refuse federal orders to deploy their National Guard under the Insurrection Act?

1. Summary of the results

The relationship between state governors and federal authority over National Guard deployment is complex and nuanced. Under normal circumstances (Title 32), governors have significant discretion and can legally refuse federal requests to deploy their National Guard ^[1]. This was demonstrated during the 2020 protests when four out of 15 governors declined the Trump administration's request to deploy Guard personnel to Washington D.C. ^[2].

2. Missing context/alternative viewpoints

Several important contextual points need to be considered:

• The legal framework specifically states under 32 U.S.C. § 328 that the governor is "the party empowered to order National Guard troops to duty" ^[1]
• There is historical precedent for governors refusing deployment requests, such as former California Governor Arnold Schwarzenegger ^[3]
• While governors can refuse under Title 32 authority, the president has alternative legal mechanisms, particularly the Insurrection Act, which could potentially override a governor's refusal ^[3]
• State sovereignty principles play a significant role in this dynamic, protecting governors from being compelled to deploy troops against their will ^[1]

3. Potential misinformation/bias in the original statement

The original question oversimplifies the issue by not distinguishing between different types of federal orders and legal authorities:

• It fails to differentiate between Title 32 authority and the Insurrection Act
• It doesn't acknowledge that the president's "orders" often come in the form of "requests" under normal circumstances ^[1]
• The question might create confusion about the true nature of federal-state military authority relationships

This distinction is particularly important because different stakeholders benefit from different interpretations:

• State governments benefit from emphasizing their autonomy and control over National Guard units
• Federal authorities benefit from emphasizing their ultimate authority in national emergencies
• Political actors on both sides may use this issue to demonstrate either state sovereignty or federal authority, depending on their agenda