Illinois asks Supreme Court not to give Trump authority over National Guard

Spread the love

The state of Illinois asked the U.S. Supreme Court not to hear President Donald Trump’s request to deploy the National Guard to Chicago amid a disagreement about plans for immigration enforcement in the state’s most populous city.

Top attorneys for Illinois and Chicago said Trump has overstepped his authority. They were joined by officials from Los Angeles, California, and elsewhere in the legal fight over who controls the troops.

“The Court should decline applicants’ request to unsettle the equitable judgment reflected in the Seventh Circuit’s order and to take the dramatic step of permitting deployment of National Guard troops over Illinois’s objection for the handful of days the [temporary restraining order] currently remains in effect,” Illinois Attorney General Kwame Raoul’s legal team wrote in a legal filing.

The state and others have challenged Trump’s authority to deploy the National Guard to cities over objection of local leaders. Illinois officials said federal authorities aren’t needed.

“Applicants’ contrary arguments rest on mischaracterizations of the factual record or the lower courts’ views of the legal principles,” the state said in its response. “As the district court found, state and local law enforcement officers have handled isolated protest activities in Illinois, and there is no credible evidence to the contrary.”

America First Policy Institute, a nonprofit group, said Trump should control the orders.

“Plaintiffs have asserted nine claims, each of which is a variation on the same underlying request for the federal courts to second-guess the President’s determination that the conditions for federalizing the National Guard have been satisfied here,” attorneys for the group wrote. “There is no express private cause of action to bring these claims, and for nearly 200 years this Court has recognized that the President’s determination is nonjusticiable.”

Filings in the Illinois case came the same day that a three-judge panel of the U.S. Court of Appeals for the 9th Circuit overturned a temporary restraining order issued by a federal judge in Portland, Ore., removing a judicial obstruction that prevented Trump from sending Oregon National Guard troops to Portland.

The ruling comes in the wake of Trump deploying National Guard troops to U.S. cities including Los Angeles, Washington D.C., Portland, Memphis and Chicago to protect the work of U.S. Immigration and Customs Enforcement agents. Agents have been attacked, hampered by agitators and protested against in U.S. cities.

The legal battle is expected to continue on multiple fronts.

While hundreds of National Guard troops are already in Illinois, U.S. District Judge April Perry stopped their deployment. She said she found federal officials’ assertions about coordinated violence by protestors “unreliable.”

Leave a Comment





Latest News Stories

Trump's tariff revenue in doubt after appeals court ruling

Trump’s tariff revenue in doubt after appeals court ruling

By Brett RowlandThe Center Square President Donald Trump's tariff revenue – a key source of funding for his political agenda and the GOP's priorities – is in jeopardy after an...
Congress to face mounting pressure to act on future of D.C.

Congress to face mounting pressure to act on future of D.C.

By Sarah Roderick-FitchThe Center Square When Congress reconvenes following the Labor Day holiday, it will likely be pressured to extend Washington, D.C.’s state of emergency and take up legislation on...
Trump says appeals court ruling rejecting tariffs 'highly partisan'

Trump says appeals court ruling rejecting tariffs ‘highly partisan’

By Brett RowlandThe Center Square President Donald Trump lashed out Friday night after a federal appeals court said he didn't have the power to issue the sweeping tariffs central to...
DOJ urges federal judge to strike down climate change law

DOJ urges federal judge to strike down climate change law

By Chris WadeThe Center Square The Trump administration is asking a federal judge to invalidate a New York law that seeks to punish fossil fuel companies for their alleged role...
WATCH: Newsom deploys state police to help local law enforcement

WATCH: Newsom deploys state police to help local law enforcement

By Dave MasonThe Center Square New California Highway Patrol teams will work with local law enforcement to fight crime in Los Angeles, San Diego, Sacramento, the San Francisco Bay Area,...
Appeals court rejects Trump's tariffs, but leaves them in place

Appeals court rejects Trump’s tariffs, but leaves them in place

By Brett RowlandThe Center Square A federal appeals court said Friday that President Donald Trump doesn't have the authority to issue blanket tariffs, in a blow to the president's domestic...
Denver Public Schools accused of violating Title IX

Denver Public Schools accused of violating Title IX

By Esther WickhamThe Center Square The U.S. Department of Education for Civil Rights announced this week that Denver Public Schools' policies on “all-gender” facilities violate Title IX. The department's Office...
Poll: 41% of parents worried about school safety before Minneapolis shooting

Poll: 41% of parents worried about school safety before Minneapolis shooting

By Morgan SweeneyThe Center Square Four in 10 parents of K-12 students are worried for their children’s safety at school, according to a new Gallup poll. The poll was collected...
Report: Offshore wind critics played role in Revolution Wind work stoppage

Report: Offshore wind critics played role in Revolution Wind work stoppage

By Tom JoyceThe Center Square Offshore wind opponents in the fishing industry helped shape the Trump administration’s decision to halt work on the Revolution Wind project, a $4 billion development...
Nevada governor addresses statewide cyberattack

Nevada governor addresses statewide cyberattack

By Liam HibbertThe Center Square Nevada Gov. Joe Lombardo spoke publicly for the first time on a cyberattack that shut down government websites and kept state employees at home, four...
Illinois quick hits: Mine manager pleads guilty; Johnson issues food executive order

Illinois quick hits: Mine manager pleads guilty; Johnson issues food executive order

By Jim Talamonti | The Center SquareThe Center Square Mine manager pleads guilty A former Franklin County mine manager has pleaded guilty to conspiring to defraud the U.S. Mine Safety...
Op-Ed: Chicago-area transit needs an intervention, not another fix

Op-Ed: Chicago-area transit needs an intervention, not another fix

By Brad Weisenstein | The Center Square contributorThe Center Square If Illinois were a family, it would have 1,313 siblings – its cities, towns and villages. One of them is...
WATCH: ‘Partisans’ who want to should ‘get up and move’ from Illinois, Pritzker says

WATCH: ‘Partisans’ who want to should ‘get up and move’ from Illinois, Pritzker says

By Greg Bishop | The Center SquareThe Center Square (The Center Square) – If you’re not willing to stick around and help make the state better, Illinois Gov. J.B. Pritzker...
Victims identified in Minneapolis Catholic school shooting

Victims identified in Minneapolis Catholic school shooting

By Jon StyfThe Center Square “As a family, we are shattered, and words cannot capture the depth of our pain.” Those are the words of the parents of 10-year-old Harper...
Pentagon to build new task force to counter drone threats

Pentagon to build new task force to counter drone threats

By Brett RowlandThe Center Square The Pentagon is creating a new task force to counter drone threats and keep U.S. airspace safe. Defense Secretary Pete Hegseth said the Department of...