Overview
- The district court’s injunction barring use of the Illinois National Guard for immigration-enforcement operations remains in effect as the case continues.
- Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson formed the majority, with Justices Thomas, Alito, and Gorsuch dissenting.
- The Court read “regular forces” to mean the U.S. military rather than federal law enforcement, undercutting the Justice Department’s argument for activating the Guard.
- The three-page emergency ruling drew criticism for minimal briefing and no oral argument, focusing attention on the Court’s shadow-docket practices.
- Justice Kavanaugh cautioned that the decision may push presidents toward active-duty troops or the Insurrection Act, as similar lawsuits proceed in D.C., California, Oregon, and Tennessee.