Overview
- The 6-3 decision denies the administration’s emergency bid to reinstate federalized Guard operations in Illinois.
- The majority wrote that the government failed to identify lawful authority to let the military execute laws in Illinois under the Posse Comitatus framework.
- Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented, while Justice Brett Kavanaugh filed a concurrence.
- Earlier rulings by U.S. District Judge April Perry and a 7th Circuit panel found no evidence of rebellion and said the facts did not justify federalization.
- The ruling is a rare setback for the administration and may shape ongoing challenges to similar deployments in Oregon, California and Washington, D.C.