Supreme Court Upholds Block to Trump's Chicago Military Takeover

[Bayard]

President Donald Trump’s military takeover of Chicago will not go forward after the Supreme Court Tuesday upheld a lower court ruling halting his attempt to send hundreds of National Guard troops to the city.

The court’s long-awaited 6-3 decision deals a significant blow to Trump’s authoritarian goal of exerting military control over cities and integrating soldiers into routine policing. The ruling will likely also undermine his military intervention in Los Angeles and his attempted deployment in Portland, Oregon.

(snip)

The Supreme Court Tuesday determined that because the term “regular forces” in Title 10 likely refers to the traditional forces of the U.S. military — such as the Army, Navy and Air Force — Trump did not have authority to federalize Illinois Guard members.

“This interpretation means that to call the Guard into active federal service under §12406(3), the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the unsigned majority opinion reads.

The majority further stated that because the Posse Comitatus Act generally prohibits using the military in civilian law enforcement purposes under normal circumstances, Trump likely would be unable to use the traditional military in Chicago.

“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 said. “The President has not invoked a statute that provides an exception to the Posse Comitatus Act.”

https://www.democracydocket.com/news-alerts/supreme-court-trump-national-guard-chicago-deployment/

[Duppers]

1. Thank goodness!

I rejoice over Trump's ever small loss. More so over the big ones. He's a wannabe dictator.

[LetMyPeopleVote]

2. Supreme Court rejects Trump's bid to deploy National Guard in Illinois

The Trump administration says troops are needed to protect immigration agents in the Chicago area, a move that local officials strongly object to.

Link to tweet

https://www.nbcnews.com/politics/supreme-court/supreme-court-rejects-trump-bid-deploy-national-guard-illinois-rcna238630

WASHINGTON — The Supreme Court on Tuesday rebuffed the Trump administration over its plan to deploy National Guard troops in Illinois over the strenuous objections of local officials.

The court in an unsigned order turned away an emergency request made by the administration, which said the troops are needed to protect federal agents involved in immigration enforcement in the Chicago area.

In doing so, the court at least provisionally rejected the Trump administration’s view that the situation on the ground is so chaotic that it justifies invoking a federal law that allows the president to call National Guard troops into federal service in extreme situations.

Those circumstances can include when “there is a rebellion or danger of a rebellion” or “the president is unable with the regular forces to execute the laws of the United States.”

Among the issues in the case is what the term “regular forces” means, something the Supreme Court focused on in an order issued on Oct. 29 asking for additional briefing. The question is whether the law only allows for the National Guard to be called up if regular military forces are unable to restore order, or whether the phrase refers to law enforcement.