(Washington Times) The Supreme Court ruled Tuesday that President Trump overstepped his powers in trying to federalize and send the National Guard to Chicago.
The decision marks a significant reversal for Trump. It could undercut his other deployments, including the troops stationed in Los Angeles for six months, in response to violence against U.S. Immigration and Customs Enforcement officers.
In an unsigned opinion, the high court said the law governing the president’s powers to deploy National Guard troops can be triggered only when the existing military forces are not sufficient, and because the military has no legally discernible role in quelling the protests in Chicago or assisting in protecting federal buildings there, Trump has no cause to call out the Guard.
“Thus, at least in this posture, the Government has not carried its burden to show that [the law] permits the President to federalize the Guard in the exercise of inherent authority to protect federal personnel and property in Illinois,” the court said.
Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch noted their dissent. They said the majority introduced legal issues that were not raised in the lower courts.
They urged caution in second-guessing Trump’s decision-making in a matter of public safety and security.
“Whatever one may think about the current administration’s enforcement of the immigration laws or the way ICE has conducted its operations, the protection of federal officers from potentially lethal attacks should not be thwarted,” Justice Alito wrote.
The troops were allowed to deploy to Los Angeles, where several hundred remain, but they were blocked from deploying to Portland, Oregon, and Chicago while the justices deliberated.
In each place, the protests against ICE grew unruly, and the Trump administration responded in force.
In Chicago, clashes led to a judicial ruling that the administration’s tactics to suppress the demonstrations were too harsh.
Democrats said they hoped the decision was an indication that the Supreme Court would reject what they considered authoritarian tendencies in the president.
“It’s long past time for the Trump Administration to back off Chicago. The majority of Americans believe they have gone too far, and even the Supreme Court’s conservative supermajority refused to greenlight this blatantly unlawful overreach,” said Sens. Richard J. Durbin and Tammy Duckworth, the two Democratic senators from Illinois.
https://www.washingtontimes.com/news/2025/dec/23/supreme-court-rules-trump-deploying-troops-chicago/
