[snip]
The Supreme Court, in a 6-3 unsigned order, denied the Trump administration’s request to lift a temporary restraining order issued by U.S. District Judge April Perry. This blocks the federalization of 300 Illinois National Guard troops under 10 U.S.C. § 12406, which allows the president to call up the Guard when unable to execute federal laws with “regular forces.”
Illinois Democrats, led by Governor J.B. Pritzker, sued to halt the deployment, claiming it infringed on state rights. Lower courts agreed, finding no evidence of rebellion or insurmountable barriers to federal law enforcement despite ongoing attacks on ICE facilities—over 30 federal officers injured, vehicles rammed, and buildings besieged in what critics call coordinated assaults on U.S. sovereignty.
[snip]
Dissenting justices, including Samuel Alito (joined by Clarence Thomas), blasted the majority for ignoring threats to federal officers: “[w]hatever 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,” Alito urged.
In a Fox News segment breaking down the ruling, former Deputy Assistant Attorney General John Yoo laid out the ironic consequences for Democrats who pushed this case to SCOTUS.
? HOLY CRAP! President Trump could now deploy the MARINES to Chicago after Democrats brought the case up to SCOTUS
“The unintended consequence here might be POTUS has to call the 82nd Airborne, or the Marines, or the 101st Airborne Division, like President Eisenhower did after… pic.twitter.com/AaTEI6PVzR
— Eric Daugherty (@EricLDaugh) December 24, 2025
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He added: “Trump might have to do that first to protect federal buildings and ICE agents. THEN, if they fail, he can then call out the National Guard.”
Yoo’s take underscores how the ruling doesn’t strip Trump’s authority—it escalates it. The President could invoke the Insurrection Act or Article II powers to deploy active-duty troops directly, sidestepping the Guard entirely. This mirrors Eisenhower’s 1957 move to enforce desegregation in Little Rock, Arkansas, against defiant state officials.
U.S. Solicitor General D. John Sauer argued in briefs that while Trump opted for the Guard to show restraint, he retains full authority to use the military: “although Trump could have deployed the U.S. military… his decision to send the National Guard instead was entitled to ‘extraordinary deference.’”
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The President announced the Guard deployment in early October 2025 to assist in mass deportations and crime suppression, similar to actions in D.C. and Los Angeles. But Illinois’ lawsuit, backed by left-leaning groups, framed it as an “abuse of power.”
Governor Pritzker crowed: “Today is a big win for Illinois and American Democracy… this is an important step in curbing the Trump administration’s consistent abuse of power and slowing Trumps march toward authoritarianism.”
Such rhetoric rings hollow when sanctuary policies enable cartels and drain taxpayer resources. The ruling echoes blocks in Portland and Oregon, where judges deemed protests “predominantly peaceful” despite evidence of anarchy. Yet, as Yoo noted, governors might soon regret inviting “82nd Airborne Marine Corps patrolling the streets” over Guard units.
Trump’s team has signaled they’ll appeal on the merits, but the path to regular forces remains wide open.
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While leftist critics are screeching about a “military takeover,” they are ignoring how Posse Comitatus Act exceptions apply when states sabotage federal law. This ruling doesn’t weaken executive power—it refines it, ensuring threats to sovereignty face swift, decisive action.
The Democrats’ victory lap may turn into a sprint from the consequences. President Trump now has clearer grounds to deploy the Marines, turning Chicago’s chaos into a showcase for reclaiming American streets.
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