Trump loses 6-3 in Supreme Court order
Story by David WilsonJustice Samuel Alito previously said the Supreme Court had not yet determined whether President Donald Trump has the authority to deploy National Guard troops in Illinois. He noted the unresolved case centers on Trump’s effort to federalize the Illinois National Guard following protests near a federal immigration facility outside Chicago. The action was previously blocked by a lower court.
Before the holiday break on December 23, the Supreme Court issued a rare and consequential 6–3 unsigned order that officially upheld the block on the deployment of National Guard troops in Illinois.
Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented from the majority’s decision.
Federalization DisputeOn December 31, Trump announced he was dropping his push for National Guard deployments in Chicago, as well as in Los Angeles and Portland.
The Supreme Court majority focused on how the president is allowed to call up the Guard only if he is “unable with the regular forces to execute the laws.”
The court noted that because the Posse Comitatus Act generally prohibits the U.S. Military from domestic law enforcement, the president could not claim he was “unable” to use them first.
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