The U.S. Supreme Court ruled against President Donald Trump this week. Trump had previously asked to lift a lower court injunction. The lower court had blocked the president from sending National Guard troops into Illinois over its governor’s objections.
The Trump administration issued an appeal in October. The appeal urged that it needed to federalize the National Guard to stop violence against ICE agents. The appeal placed emphasis on the Chicago area and the detention facilities within it.
The president defended his attempts, claiming that protests in the Chicago region were deemed a “rebellion or danger of rebellion” against the US government. The two lower courts hearing the case ruled against Trump.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the majority expressed in its opinion.
The court wrote that Trump failed to explain why the events in Chicago justified an exception to the Posse Comitatus Act. The act prevents the military’s ability to execute laws within the U.S.
Illinois Attorney General Kwame Raoul commended the Supreme Court’s decision.
“The extremely limited circumstances under which the federal government can call up the militia over a state’s objection do not exist in Illinois, and I am pleased that the streets of Illinois remain free of armed National Guard members as our litigation continues in the courts,” Raoul stated.
This week's ruling marks the first time the court has ruled on the deployments. The decision brings some clarity to the president’s power.
The case can go back to the highest court after the court of appeals reviews it. However, for now, Trump cannot send troops to Illinois without the governor’s approval.
The administration relocated its ICE agents from Chicago to New Orleans and Minneapolis in November. However, they recently increased their numbers and moved them back to Chicago.
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