Overview
- The Justice Department urged the Supreme Court to lift lower-court blocks on the Chicago deployment and to grant the president extraordinary deference in determining when statutory conditions are met.
- Solicitor General D. John Sauer argued that “regular forces” in 10 U.S.C. §12406 means civilian law enforcement, such as DHS and ICE personnel, not the standing military.
- Illinois Attorney General Kwame Raoul countered that the phrase refers to the full-time military and said the legal predicate to federalize and deploy the Guard has not been satisfied in Illinois.
- A temporary restraining order issued by U.S. District Judge April Perry on Oct. 9 continues to bar deployment in Illinois after the administration federalized roughly 700 Guard members tied to “Operation Midway Blitz.”
- The Supreme Court requested supplemental briefing on the statute’s meaning, reply briefs are due Nov. 17, and the justices will consider whether to lift the Illinois block as related cases, including an Oregon ruling finding overreach, proceed.