The Trump administration has filed an emergency appeal to the U.S. Supreme Court, seeking permission to deploy National Guard troops in the Chicago area.
The Justice Department is asking the Court to stay or overturn a lower court injunction issued by U.S. District Judge April Perry, who ruled that the administration had not provided credible evidence of a “danger of rebellion” sufficient to warrant deployment.
Earlier this week, the 7th Circuit Court of Appeals rejected a similar emergency request, upholding Perry’s restraining order. The appeals court allowed Guard troops already brought into Illinois to remain under federal control but barred them from deployment for patrol or law enforcement operations.
The Hill continues:
The Justice Department filed an emergency application at the high court Friday asking the justices to pause a judge’s order blocking Trump from sending hundreds of National Guard members into Illinois.
“This Court should stay the district court’s October 9 injunction in its entirety,” Solicitor General D. John Sauer wrote in the administration’s request to the justices. “The injunction improperly impinges on the President’s authority and needlessly endangers federal personnel and property.”
It marks the first time the justices have been asked to wade into Trump’s aggressive use of the National Guard.
The dispute centers on the limits of presidential authority under the Posse Comitatus Act and the Insurrection Act, which only permit domestic troop deployments under narrow conditions such as insurrection or rebellion. The courts have questioned whether those conditions exist in Illinois, while state officials argue the administration’s move infringes on state control of the Guard and violates federalism.
This is a breaking news story. Please check back for updates.
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That’s “BS” too having to ask the court permission!! I thought the president was supposed to be in charge of immigration etc??
Insurrection and / or rebellion are not the only reasons the National Guard can be called out.
There is also the inability to enforce Federal Law with regular forces.
Access to and from the Federal facility processing is repeatedly interfered with and local help is not forthcoming.
The Governor of the sate and local authorities will not take meaningful action as it would constitute assisting enforcement of Federal Immigration law.
The President is following the precedent set of bypassing the Governor as was done to enforce Federal Law to enforce school integration in 1957.
Read the statute paying attention to section (3).
Note that the ability to execute Federal Law is an “or” item.
The other conditions (invasion, insurrection, rebellion) do not have to exist, though in reality there is a passive rebellion.
10 U.S. Code § 12406 – National Guard in Federal service:
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States; the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.”
Why in hell should the Supreme Court or any other court get involved in the presidents decisions. This is way out of hand and Chief Justice Roberts isn’t taking charge. We need to remove lifetime appointments and make judges responsible to “we the people” thru elections.