Supreme Court Upholds Block to Trump's Chicago Military Takeover
President Donald Trumps military takeover of Chicago will not go forward after the Supreme Court Tuesday upheld a lower court ruling halting his attempt to send hundreds of National Guard troops to the city.
The courts long-awaited 6-3 decision deals a significant blow to Trumps authoritarian goal of exerting military control over cities and integrating soldiers into routine policing. The ruling will likely also undermine his military intervention in Los Angeles and his attempted deployment in Portland, Oregon.
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The Supreme Court Tuesday determined that because the term regular forces in Title 10 likely refers to the traditional forces of the U.S. military such as the Army, Navy and Air Force Trump did not have authority to federalize Illinois Guard members.
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, the unsigned majority opinion reads.
The majority further stated that because the Posse Comitatus Act generally prohibits using the military in civilian law enforcement purposes under normal circumstances, Trump likely would be unable to use the traditional military in Chicago.
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 majority said. The President has not invoked a statute that provides an exception to the Posse Comitatus Act.
https://www.democracydocket.com/news-alerts/supreme-court-trump-national-guard-chicago-deployment/