Overview

• The Justice Department filed an emergency application urging the justices to stay a district court order from Judge April Perry that blocks deploying federalized Guard troops in Illinois.
• A 7th Circuit panel left the deployment ban intact while allowing federalization, finding insufficient evidence of a rebellion and stating that political opposition does not qualify as such.
• Solicitor General D. John Sauer argued federal agents in the Chicago area have been threatened and assaulted, and said the order impinges on the president’s authority and endangers personnel and property.
• The filing says 300 Illinois Guard members have been called into federal service and 400 from Texas would join them in a protective role; Texas personnel remain staged at a suburban base as protests continue at the Broadview ICE facility.
• Judge Perry set an Oct. 22 hearing on whether to extend the order, and parallel disputes in Oregon and California have produced split rulings that could be clarified by swift Supreme Court action.