The Supreme Court asked the Trump administration and the state of Illinois on Wednesday for additional briefs about the meaning of the words “regular forces” in the language of the law President Donald Trump invoked in his bid to deploy the National Guard to Chicago.
Earlier this month, the administration requested the high court lift a lower court’s block of the federalization and deployment of the National Guard to Chicago, as part of Trump’s efforts to protect federal assets and personnel from unruly protests over immigration operations in various Democrat-led cities. Rather than weighing in on the challenge, the Supreme Court issued an order this week seeking additional briefs on how both sides understand the term “regular forces” before it decides on the administration’s petition to its emergency docket.
The law the Trump administration cited to justify federalizing and deploying National Guardsmen specifies that when “the President is unable with the regular forces to execute the laws of the United States,” he can deploy the National Guard. The high court wants to know if the administration or the state of Illinois considers the military to be included in those regular forces, or whether, in their view, a failure of some other law enforcement agency can trigger the use of the law.
“The parties are directed to file supplemental letter briefs addressing the following question: Whether the term ‘regular forces’ refers to the regular forces of the United States military, and, if so, how that interpretation affects the operation of 10 U. S. C. §12406(3),” the order said, setting the deadline for the briefs for Nov. 10 and asking for replies to those briefs be filed by Nov. 17.
In its petition to the Supreme Court, Solicitor General D. John Sauer specifically noted that “regular federal law enforcement forces in Chicago have been ‘unable…to execute’ fully federal immigration laws and laws against assaulting and obstructing federal officers,” seemingly referring to other agencies besides the military.
The request for additional briefs pushes back a ruling on Trump’s request at least three weeks into November, effectively preventing troops from being deployed into the city for the next several weeks.
TRUMP ADMINISTRATION ASKS SUPREME COURT TO ALLOW NATIONAL GUARD DEPLOYMENT IN CHICAGO
Trump’s deployments of the National Guard in Chicago, Los Angeles, and Portland have all been sued, but the Chicago case is the first to reach the Supreme Court.
In the Portland lawsuit, the full bench of the U.S. Court of Appeals for the Ninth Circuit announced Tuesday that it would review the legality of Trump’s federalization and deployment of troops to the city. Of the three cities, only in Los Angeles has the administration been able to deploy troops to protect federal assets and personnel amid the legal battles.