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Donald Trump can’t deploy National Guard soldiers in ChicagoAt present, after the Supreme Court refused to allow the administration Send troops to support immigration enforcement.
The judges’ unsigned order Tuesday appeared to reject the administration’s argument. Protest against the President’s anti-immigration agenda So unstable that only the National Guard under Trump’s orders can stop them.
Conservative Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissented, a rare loss for Trump from the nine-member conservative-majority court, which has granted nearly two dozen emergency appeals since the president returned to the White House and faces one. A flood of lawsuits challenging his agenda followed.
In this case, it took nearly two months for the Supreme Court to step in during an ongoing legal battle over boots on the ground in Illinois, as state officials steadfastly rejected the administration’s efforts to deploy National Guard service members to America’s third-largest city against their will.
The decision could strengthen similar legal arguments the President has against deploying troops in other cities. Resistance of city and state officials to the use of military force On American roads.
According to federal regulations, the President may call out the National Guard when “there is an insurrection or threat of insurrection” or “the President is unable to execute the laws of the United States with the regular forces.”
Here, the judges determined that “regular force” presumably referred to “the regular forces of the Army of the United States”, and for the President to call the Guard into service, he must be “incapable of executing the laws of the United States”.
But according to Tuesday’s decision, “At this early stage, the government has failed to identify a source of authority that would allow the military to execute laws in Illinois.”
It appears that Chief Justice John Roberts and conservative Justices Amy Coney Barrett and Brett Kavanaugh, who wrote their concurring opinions, sided with the court’s three liberal justices for Tuesday’s decision.
The order will remain in effect until the legal challenge continues.
Illinois Governor JB Pritzker hailed the decision as “a major victory for Illinois and American democracy.”
“This is an important step toward stopping the Trump administration’s continued abuses of power and slowing Trump’s slide toward authoritarianism,” he said in a statement.
Independent The White House has been requested to comment.
Pritzker said, “The brave men and women of our National Guard should never be used for political theater and deserve to be with their families and communities, especially during the holidays, and ready to serve overseas or at home when called upon in times of extreme need.”
Illinois District Judge April Perry determined earlier this year that there was “no credible evidence of an insurrection threat” in the state and issued a temporary restraining order to prevent Trump from deploying National Guard troops.
A federal appeals court largely agreed, and the administration sent the case to the Supreme Court to overturn lower court rulings and give the president the go-ahead.
The Trump team argued that the troops are necessary “to protect federal personnel and property from violent resistance against the enforcement of federal immigration laws.”
Meanwhile, the administration has deployed federal law enforcement agents to several major cities and metropolitan areas to boost the president’s mass deportation campaign, sparking a parallel legal battle. Challenges to the use of riot control weapons by authorities and widespread arrests accompanied mass protests.
The case is one of several challenges against the president’s use of the National Guard, which a federal judge compared to Trump’s effort to create a national police force.
A federal judge in Oregon has permanently barred National Guard service members from supporting federal agents in Portland, and another judge in California has said the president’s deployment to the Los Angeles area is illegal.
In Washington, D.C., a lawsuit by Attorney General Brian Schwalb is trying to block hundreds of service members from patrolling the nation’s capital, an argument supported by nearly two dozen other states.