The Supreme Court dealt a rare blow to President Donald Trump on Tuesday, overturning a lower court order and rejecting his proposal to authorize the deployment of the National Guard to the Chicago area, over the objections of local and state leaders.
The Trump administration asked the Supreme Court in October to intervene in the case after a district court judge blocked the president’s plan to send in the military to help with immigration enforcement. The court denied President Trump’s request on Tuesday.
“Today is a huge victory for Illinois and American democracy,” Illinois Governor JB Pritzker said in a post on X.
“This is an important step in curbing the Trump administration’s consistent abuse of power and slowing President Trump’s march toward authoritarianism,” Pritzker continued.
Although the President of the United States can deploy the National Guard under certain authorities, the National Guard is generally not authorized to engage in civil law enforcement. President Trump’s efforts to send troops into primarily blue cities to fight crime are testing the limits of presidential power and have led to a series of lawsuits.
The court found in this case that President Trump did not have the authority to send troops into Illinois, citing the Posse Politico Act, which prohibits the military from engaging in domestic law enforcement unless expressly authorized by the Constitution or Congress.
“At this preliminary stage, the government has not identified a source of authority that would allow the military to enforce the law in Illinois,” the unsigned order states.
The order is not final, but currently prohibits the Trump administration from sending the National Guard to Chicago.
Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented. Justice Brett Kavanaugh wrote the concurring opinion.
In recent months, President Trump has deployed the National Guard to Washington, D.C., Los Angeles and Portland, despite objections from local leaders. These deployments have sparked several lawsuits, including legal challenges from California Gov. Gavin Newsom, a Democrat and Trump ally, and local officials in Washington, D.C.
“The President has promised the American people that he will work tirelessly to enforce immigration laws and protect federal employees from violent mobs,” White House Press Secretary Abigail Jackson said in a statement Tuesday.
“He mobilized the National Guard to protect federal law enforcement officers and prevent rioters from destroying federal buildings and property,” Jackson continued. “There is nothing in today’s ruling that undermines that core issue. The government will continue to work every day to protect the American people.”
