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The Supreme Court on Tuesday refused to allow President Trump to deploy hundreds of National Guard troops in the Chicago area over the objection of Illinois officials, casting doubt on the viability of similar deployments in other American cities.
The justices’ order is preliminary, but it blocks the Trump administration for now from ordering the state-based military force to the Chicago area, where an immigration crackdown led to thousands of arrests and confrontations between residents and federal agents.
In its three-page unsigned ruling against the administration, the court refused to grant the president broad discretion to deploy the military in U.S. cities, citing an 1878 law, which bans the use of the military for domestic policing. It represented a rare departure from recent cases, in which the conservative majority has overwhelmingly sided with Mr. Trump in preliminary tests of presidential power.
At this stage in the litigation, the court said the Trump administration had not shown that the statute at issue “permits the president to federalize the Guard in the exercise of inherent authority to protect federal personnel and property in Illinois.”
Three conservative justices — Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch — noted their objections in lengthy dissents, with Justice Alito writing that “the protection of federal officers from potentially lethal attacks should not be thwarted.”
In response to the ruling, Abigail Jackson, a White House spokeswoman, said the president had promised to “work tirelessly to enforce our immigration laws and protect federal personnel from violent rioters.”
She added: “He activated the National Guard to protect federal law enforcement officers, and to ensure rioters did not destroy federal buildings and property. Nothing in today’s ruling detracts from that core agenda.”
Gov. JB Pritzker of Illinois called the ruling a victory for democracy.
“This is an important step in curbing the Trump administration’s consistent abuse of power and slowing Trump’s march toward authoritarianism,” Mr. Pritzker, a Democrat, said in a statement. “The brave men and women of our National Guard should never be used for political theater and deserve to be with their families and communities, especially during the holidays.”
Mayor Brandon Johnson of Chicago said he hoped the Supreme Court’s ruling would shield other cities from unwanted National Guard deployments.
Mr. Trump had also in recent months ordered the National Guard to Portland, Ore., Los Angeles, and Washington, D.C., also over the objections of state and local leaders. The president’s efforts to use troops for domestic policing prompted legal challenges accusing the Trump administration of exceeding its authority and infringing on traditional state powers over policing. The state-based troops are typically deployed at the request of governors to respond to emergencies in their own states, such as natural disasters.
Federal law allows the president to federalize members of the National Guard without the permission of state officials in certain circumstances, notably when there is a “rebellion or danger of a rebellion” against the government or when law enforcement is overwhelmed and cannot execute U.S. law.
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The president’s efforts to use troops for domestic policing have prompted legal challenges accusing the Trump administration of exceeding its authority. Credit…Jamie Kelter Davis for The New York Times
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