WASHINGTON − The Supreme Court asked for more materials in the dispute over National Guard troops President Donald Trump wants to deploy to Chicago, postponing a decision on whether to lift a temporary hold from a lower court.
The National Guard, which typically operates under the control of state governors, can be called into federal service by the president only under certain circumstances. The Trump administration contends two of those circumstances are present in Chicago − a rebellion against the government and an inability to execute laws “with the regular forces.”
The justices on Oct. 29 asked the Justice Department and the city and state to file written briefings about whether the term “regular forces” means regular forces of the U.S. military. The justices also asked how the term relates to the National Guard.
The high court set a deadline of Nov. 10 for the government’s filing and Nov. 17 for the city and state to reply.
In an Oct. 9 ruling, U.S. District Judge April Perry said the initial evidence showed U.S. Immigration and Customs Enforcement officials can do their jobs without help from the military – and deploying troops is likely to lead to civil unrest.
