Major Defeat For Trump As SCOTUS Rules He Doesn't Have The Authority To Deploy National Guard In Illinois

The Supreme Court ruled that Donald Trump lacked the authority to federalize and deploy the National Guard in Illinois. It is a decision that could cripple the president's attack on blue cities.

Sometimes Christmas gifts can come from the most unexpected sources. On Tuesday, the Supreme Court refused to issue a stay of a US District Court order prohibiting the Trump administration from federalizing and deploying the National Guard in Illinois.

The court ruled that Trump lacked the legal authority to federalize and deploy the National Guard.

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The court wrote in its decision:

In its supplemental brief, the Government argues that the term refers to civilian law enforcement officers, such as those employed by Immigration and Customs Enforcement or the Federal Protective Service.

Respondents, echoing the District Court, maintain that the term refers to the regular forces of the United States military.

We conclude that the term “regular forces” in §12406(3) likely refers to the regular forces of the United States military. 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.” Because the statute requires an assessment of the military’s ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from “execut[ing]the laws” “except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.” 18 U. S. C. §1385.

So before the President can federalize the Guard under §12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be “unable” with those forces to perform that function.

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

As you will see below, the Supreme Court knocks down Trump’s use of inherent constitutional authority.