Washington, December 25: The U.S. Supreme Court on Tuesday declined to allow President Donald Trump to deploy National Guard troops to the Chicago area, leaving in place a lower court order blocking the move as legal challenges proceed.
In an unsigned order, the justices said that at this preliminary stage the administration had failed to identify legal authority allowing the military to enforce laws in Illinois. The court said the president’s power to federalize the National Guard likely applies only in “exceptional” circumstances.
Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented.
The decision represents a rare setback for Trump at a Supreme Court with a 6-3 conservative majority that has often sided with his administration since his return to office.
White House spokeswoman Abigail Jackson said the ruling did not change Trump’s commitment to enforcing immigration laws and protecting federal personnel.
Illinois Governor JB Pritzker welcomed the decision, calling it “an important step in curbing the Trump Administration’s consistent abuse of power.”
Trump ordered National Guard deployments to Chicago and Portland, Oregon, following earlier troop deployments to Los Angeles, Memphis and Washington, D.C., as his administration expands the use of military forces in Democratic-led jurisdictions.
The administration has said troops are needed to protect federal property and personnel at an Immigration and Customs Enforcement detention facility in the Chicago suburb of Broadview, which has become a focal point for protests against Trump’s immigration crackdown.
Illinois officials and Democratic leaders have disputed the administration’s characterisation of the protests, saying they have been limited in size, largely peaceful and manageable by local law enforcement. They accuse Trump of abusing his authority to punish political opponents and suppress dissent.
A Chicago-based U.S. district judge temporarily blocked the deployment in October, finding no evidence of rebellion or a breakdown in law enforcement. The judge said equating protests with riots risked escalating tensions and that a National Guard deployment would “only add fuel to the fire.”
A three-judge panel of the 7th U.S. Circuit Court of Appeals later declined to lift the block, concluding that the facts did not justify the president’s actions in Illinois. Two of the three judges were appointed by Republican presidents, including one by Trump.
The Justice Department told the Supreme Court that local officials had offered an “implausibly rosy” assessment of the protests and said federal agents faced constant threats of mob violence.
Lawyers for Illinois and Chicago countered that the protests had never disrupted operations at the Broadview facility and that state and local authorities had responded to every request for assistance.
The legal dispute centres on a law allowing a president to deploy the National Guard if he is unable to enforce federal law using “regular forces.” Lower courts have said historical evidence suggests the term refers to active-duty military, not the National Guard.
The Supreme Court has asked the parties to submit further arguments on how the law should be interpreted.
A separate legal challenge has blocked Trump’s planned National Guard deployment to Portland, where a federal judge permanently barred the move in November. The administration has appealed that ruling.
