Chicago’s federal appeals court upholds block on National Guard deployment: “Political opposition is not rebellion”

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WASHINGTON, DC - SEPTEMBER 09: Republican presidential candidate Donald Trump addresses a rally against the Iran nuclear deal on the West Lawn of the U.S. Capitol September 9, 2015 in Washington, DC. Thousands of people gathered for the rally, organized by the Tea Party Patriots, which featured conservative pundits and politicians. (Photo by Chip Somodevilla/Getty Images) *** BESTPIX *** ORG XMIT: 574363045
<p>Using the Trump administration’s own rhetoric against it, the federal appeals court in Chicago again refused Thursday to undo an order blocking President Donald Trump from deploying National Guard troops within Illinois.</p><p>A unanimous three-judge panel confirmed in an 18-page opinion that it would uphold last week’s order by U.S. District Judge April Perry while the Trump administration appeals. Among other questions, the panel considered whether Trump has been "unable …&nbsp;to execute the laws of the United States."</p><p>"The administration has been proclaiming the success of its current efforts to enforce immigration laws in the Chicago area,"<b> </b>the panel wrote. "The administration accordingly is … unlikely to succeed on this argument."</p><div class="RelatedList Enhancement" data-module data-align-center>
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<p>The 18-page opinion, which sets up a potential appeal to the U.S. Supreme Court, came from Judges Ilana Rovner, David Hamilton and Amy St. Eve. Rovner was nominated to the appellate court by President George H. W. Bush, Hamilton was nominated by President Barack Obama, and St. Eve was nominated by Trump.</p><p>Deployment of National Guard troops within Illinois has been blocked for a full week, first <a class="Link" href="https://ift.tt/iHUuNlE&quot; target="_blank" >by Perry’s order, </a>and then by the 7th Circuit, which <a class="Link" href="https://ift.tt/3pKqPUg&quot; target="_blank" >refused to immediately undo Perry’s ruling</a> at the request of the Trump administration.</p><p>The 9th U.S. Circuit Court of Appeals is also considering a similar case out west and has already heard arguments. It’s not clear when that court will rule.</p><p>This all comes as Trump has pushed for National Guard deployment in cities long known to be Democratic strongholds. While the Trump administration insists the troops are needed to protect U.S. Immigration and Customs Enforcement<b> </b>facilities and personnel, Illinois attorneys allege the deployment is really meant to punish states with policies Trump opposes.</p><div class="Enhancement" data-align-center>
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<div class="Figure-content"><figcaption class="Figure-caption"><p>April Perry speaks to the Senate Judiciary Committee July 31, 2024.</p></figcaption><span class="line"></span><div class="Figure-credit"><p>Sen. Dick Durbin/YouTube</p></div></div>
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</div><p>Perry concluded that the Trump administration’s<b> </b>“perception of events” around Chicago “are simply unreliable.” She ruled that she had seen “no credible evidence that there is danger of rebellion in the state of Illinois” or that Trump is “unable … to execute the laws of the United States.”</p><p>To deploy National Guard troops into Illinois, California and Oregon, Trump has invoked a federal law that allows the president to call into federal service members of any state’s National Guard<b> </b>if there is an invasion or rebellion — or if the president is “unable with the regular forces to execute the laws of the United States.”</p><p>Justice Department lawyers have not made the claim that the United States is being invaded, but they’ve pointed to the other two circumstances in the law. Eric Hamilton, a lawyer for the Trump administration, said the “brazen new form of hostility”<b> </b>being directed at federal law enforcement<b> </b>came not from protesters, but “violent resistance to duly enacted immigration laws.”</p><div class="RelatedList Enhancement" data-module data-align-center>
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<p>Perry told him there had been peace outside a Broadview ICE facility for 19 years, until federal border agents showed up this summer. She asked him if it mattered, under the law, if Trump’s claimed inability to execute federal law was by his “own provocation.”</p><p>Hamilton told her it did not.</p><p>“The fact still remains,” Hamilton told the judge, “that we are seeing sustained violence against federal personnel and property in Illinois.”</p>

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via Chicago Sun-Times – Politics https://ift.tt/rCm0R6E

October 16, 2025 at 03:01PM

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