The Supreme Court on Tuesday dealt a rare blow to President Donald Trump by rejecting his bid to overrule a lower court order and allow the deployment of National Guard troops to the Chicago area over the objections of local and state leaders.
The Trump administration asked the Supreme Court to intervene in the case in October after a District Court judge blocked the president’s plans to send troops to aid in an immigration crackdown. The court on Tuesday declined Trump’s request.
“Today is a big win for Illinois and American democracy,” Illinois Gov. 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 Trump’s march toward authoritarianism,” Pritzker continued.
U.S. presidents can deploy the National Guard under certain authorities, but guardsmen are typically not permitted to engage in civilian law enforcement. Trump’s attempts to send troops to mostly blue cities to fight crime have tested the bounds of presidential authority and led to a series of lawsuits.
Citing the Posse Comitatus Act, which prohibits the military from engaging in domestic law enforcement unless explicitly authorized by the Constitution or Congress, the court found Trump lacked the authority to deploy troops to Illinois in this case.
“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 unsigned order states.
The order is not final, but for now bars the Trump administration from sending National Guard troops to Chicago.
Justices Samuel Alito, Clarence Thomas and Neil Gorsuch offered dissenting opinions. Justice Brett Kavanaugh authored a concurring opinion.
Trump has sent National Guard troops to Washington, D.C., Los Angeles and Portland in recent months, despite objections from local leaders. Those deployments have resulted in several lawsuits, including a legal challenge from California Gov. Gavin Newsom, a Democrat and Trump foil, and local officials in D.C.
“The President promised the American people he would work tirelessly to enforce our immigration laws and protect federal personnel from violent rioters,” White House spokesperson Abigail Jackson said in a statement on Tuesday.
“He activated the National Guard to protect federal law enforcement officers, and to ensure rioters did not destroy federal buildings and property,” Jackson continued. “Nothing in today’s ruling detracts from that core agenda. The Administration will continue working day in and day out to safeguard the American public.”