Supreme Court Refuses To Allow National Guard Deployment In Chicago

High Court Upholds Lower Court Block on Trump’s Troop Plan

WASHINGTON (Dec. 23, 2025) — The U.S. Supreme Court on Tuesday declined to allow the Trump administration to deploy National Guard troops in the Chicago area, rejecting an emergency request to overturn lower court rulings that have blocked the deployment, court orders show.

The 6-3 unsigned order upholds a temporary restraining order issued by U.S. District Judge April Perry in October, which barred the federalization and street deployment of hundreds of Guard members in Illinois amid legal challenges brought by the state of Illinois and the city of Chicago.

Dissenting justices Alito, Gorsuch, and Thomas argued the lower court’s block overstepped, highlighting internal conservative divides. Justice Kavanaugh joined the majority but not its reasoning, per the court’s document.

As Chicago’s WTTW reports:

“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 court wrote in its ruling. “The President has not invoked a statute that provides an exception to the Posse Comitatus Act.”

The order is not a final ruling but it could affect other lawsuits challenging President Donald Trump’s attempts to deploy the military in other Democratic-led cities.

In October, attorneys for both the Trump administration and the state of Illinois agreed to extend that temporary restraining order halting that deployment sought by Trump until a judgment can be reached in the state’s lawsuit.

Trump administration lawyers signed off on the open-ended extension, apparently believing the Supreme Court would ultimately side with them and invalidate the temporary restraining order entirely.

The administration had asked the Court to lift the block while litigation continues, arguing the deployment was necessary to protect federal law enforcement officers and property as part of intensified immigration enforcement in the region. Officials contended that local authorities were unable to contain protests and protect federal personnel.

But the majority found that the government had not shown sufficient legal authority to federalize and deploy National Guard troops for domestic law enforcement purposes, particularly when lower courts had already ruled that federal forces and local law enforcement could handle the situation.

Tuesday’s decision, while not a final judgment on the merits, marks a rare setback for the Trump administration in its push to use the National Guard in cities that oppose federal military intervention.

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Patrick Houck

Patrick Houck is an avid political enthusiast based out of the Washington, D.C., metro area. His expertise is in campaigns and the use of targeted messaging to persuade voters. When not combing through the latest news, you can find him enjoying the company of family and friends or pursuing his love of photography.

4 Comments
    Jimmy D

    If deployment of Nat’l Guard is, in fact, unConstitutional, the Pres.Trump must come up with an alaternative legal means of defending federal property and personnel in the States.The article indicates that SCOTUS was concerned about the NG’s enforcing local laws; however, it does not appear to be the case that enforcement of local laws was part of the mission, in which case, and if the President discerns that a serious law & order situation endangers the country, he can, at an appropriate time, declare a national emergency. Then I believe he could legally deploy to his heart’s content.

    Brian

    Well I guess they showed Trump. Now what Trump needs to do is every time someone is murdered, raped, beat up or any other crime he needs to remind the citizens of Chicago who they can thank for it. In the case of a murder they can send each of the judges that sit in all the courts involved an invitation to their funeral. Don’t hold your breath for them to show up you see the victims are just names to them and they still get paid no matter how many people get killed as a result of their decision. America at its’ best you have to love it. Everyone knows what needs to be done they just haven’t been hurt bad enough yet to fight for it. Just keep voting in the same old Communist Democrat Politian’s who are in the CDP and things will be rosy.

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