Overview
- The Court said the phrase “regular forces” in 10 U.S.C. §12406(3) likely refers to the U.S. military, not civilian agencies such as ICE or the Federal Protective Service.
- Citing the Posse Comitatus Act, the majority indicated the Guard can be federalized under §12406(3) only where the military could legally execute the laws, and it found no such authority invoked here.
- The ruling leaves a district court injunction in place while litigation continues and the parties brief the statute’s scope, with Justices Thomas, Alito and Gorsuch dissenting.
- Justice Kavanaugh concurred, warning the opinion could steer the administration toward active-duty deployments or reliance on the Insurrection Act.
- The fight mirrors broader trends: courts have blocked similar deployments in Portland, Los Angeles and Memphis, while Louisiana’s governor requested about 350 Guard troops to support federal agents in New Orleans ahead of major events.