Overview
- In an unsigned three-page order, the Court left standing lower-court rulings that prevent federal activation of Illinois National Guard troops while the case proceeds.
- The majority concluded that the phrase “regular forces” in 10 U.S.C. §12406(3) likely refers to the U.S. military, not civilian law enforcement such as ICE.
- By tying §12406(3) to the Posse Comitatus Act, the Court indicated the president would need a statutory or constitutional exception before federalizing the Guard on that basis.
- Justice Brett Kavanaugh concurred that the ruling could steer the president toward alternatives like using active-duty forces or invoking the Insurrection Act, an issue not decided here.
- Illinois Gov. J.B. Pritzker praised the ruling as a check on executive power, while some Republicans, including state Rep. Adam Niemerg, urged consideration of deploying regular forces.