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Robert Reich: Finally, the Supreme Court stops Trump

Link: https://robertreich.substack.com/p/finally-the-supreme-court-stops-trump
Friends, Some good news to end the year on. The Supreme Court today blocked Trump from sending the National Guard into the Chicago area finally setting a limit to Trumps executive power.
The decision was 6 to 3, with Roberts, Kavanaugh, and Barrett joining the three liberal justices in a majority. Alito, Gorsuch, and Thomas dissented.
The court said that Trump had failed to identify a source of authority that would allow the military to execute the laws in Illinois, and, presumably, other states. Trump had said he needed the troops to protect federal immigration agents at a detention facility.
Existing law allows a president call on the military if there is a foreign invasion or danger of a rebellion, or if the president is unable to execute federal laws with regular forces.
Trumps Justice Department argued that regular forces means federal civilian law enforcement, such as Immigration and Customs Enforcement officers. And protests in Illinois prevented the president from enforcing immigration laws using ICE officers alone.
But a majority of the court found that the term regular forces refers to the nations standing military and the authority to call the National Guard into federal service is meant as a backstop for the Army, Navy and other regular military forces.
The court noted that a presidents ability to use the military this way is limited to exceptional circumstances. Thats because another federal law, known as the Posse Comitatus Act, sharply restricts the use of the standing military to conduct domestic law enforcement.
Bingo.
- more at link -
The decision was 6 to 3, with Roberts, Kavanaugh, and Barrett joining the three liberal justices in a majority. Alito, Gorsuch, and Thomas dissented.
The court said that Trump had failed to identify a source of authority that would allow the military to execute the laws in Illinois, and, presumably, other states. Trump had said he needed the troops to protect federal immigration agents at a detention facility.
Existing law allows a president call on the military if there is a foreign invasion or danger of a rebellion, or if the president is unable to execute federal laws with regular forces.
Trumps Justice Department argued that regular forces means federal civilian law enforcement, such as Immigration and Customs Enforcement officers. And protests in Illinois prevented the president from enforcing immigration laws using ICE officers alone.
But a majority of the court found that the term regular forces refers to the nations standing military and the authority to call the National Guard into federal service is meant as a backstop for the Army, Navy and other regular military forces.
The court noted that a presidents ability to use the military this way is limited to exceptional circumstances. Thats because another federal law, known as the Posse Comitatus Act, sharply restricts the use of the standing military to conduct domestic law enforcement.
Bingo.
Yessssss!!!!! Sanity has returned to SCOTUS, at least for one day.
Thank you God ... if there is a God. This is what we needed to hear.
Now we can celebrate the birth of Our Lord. Or whatever ....
It's really not an issue where R vs. D should matter. It's all about reading the precedent laws and applying them. (Why is it so difficult for Gorsuch to do this?)
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Robert Reich: Finally, the Supreme Court stops Trump (Original Post)
FakeNoose
20 hrs ago
OP
'Hugely consequential': Experts say Supreme Court just wrecked Trump's plans
LetMyPeopleVote
2 hrs ago
#1
LetMyPeopleVote
(174,319 posts)1. 'Hugely consequential': Experts say Supreme Court just wrecked Trump's plans
I admit that I was surprised by this ruling. SCOTUS may be waking up as to trump's misuse of the military.
'Hugely consequential': Experts say Supreme Court just wrecked Trump's plans
— Michael Byron #Fella (@michaelby.bsky.social) 2025-12-24T02:30:22.213Z
www.rawstory.com/supreme-cour...
https://www.rawstory.com/supreme-court-2674826050/
President Donald Trump got a rare and devastating blow at the Supreme Court on Tuesday, as three right-wing justices joined with the three liberals to deny a stay of a lower court ruling that prevents him from federalizing the National Guard to deploy troops to Chicago and said the administration is unlikely to prevail when the case is litigated on the merits.....
"The Supreme Court just agreed: President Trump violated the law by deploying the National Guard in Illinois," wrote New Jersey Attorney General Matt Platkin. "Proud to stand with @ILAttyGeneral [and] my colleagues in successfully opposing this unnecessary and unlawful deployment."
Yet another key analysis came from American Immigration Council senior fellow Aaron Reichlin-Melnick, a lawyer who has frequently criticized the Trump administration's immigration policy.
"Wow. Genuinely shocked, and a hugely consequential decision. This is a case where [law professor] Marty Lederman's amicus brief appears to have made a MAJOR impact. Before he wrote it, courts were sidestepping the 'regular forces' issue entirely. And that's what the Trump admin lost on," wrote Reichlin-Melnick. "The law Trump used to federalize the National Guard requires him to be 'unable with the regular forces to execute the laws of the United States.' The Court today agrees with Professor Lederman that 'regular forces' means the U.S. military, which used to be called 'the regulars.'"
"There are other laws which permit the President to call up the National Guard, the most famous of which is the Insurrection Act. But Trump has not invoked that law. Instead, he invoked a law which had strict prerequisites, which the Supreme Court ruled were not met," wrote Reichlin-Melnick. Additionally, "the majority finds at this stage that the President does not have inherent authority to deploy the military to protect ICE property, therefore allowing him to 'execute' the laws with the military. The majority says no."
"The Supreme Court just agreed: President Trump violated the law by deploying the National Guard in Illinois," wrote New Jersey Attorney General Matt Platkin. "Proud to stand with @ILAttyGeneral [and] my colleagues in successfully opposing this unnecessary and unlawful deployment."
Yet another key analysis came from American Immigration Council senior fellow Aaron Reichlin-Melnick, a lawyer who has frequently criticized the Trump administration's immigration policy.
"Wow. Genuinely shocked, and a hugely consequential decision. This is a case where [law professor] Marty Lederman's amicus brief appears to have made a MAJOR impact. Before he wrote it, courts were sidestepping the 'regular forces' issue entirely. And that's what the Trump admin lost on," wrote Reichlin-Melnick. "The law Trump used to federalize the National Guard requires him to be 'unable with the regular forces to execute the laws of the United States.' The Court today agrees with Professor Lederman that 'regular forces' means the U.S. military, which used to be called 'the regulars.'"
"There are other laws which permit the President to call up the National Guard, the most famous of which is the Insurrection Act. But Trump has not invoked that law. Instead, he invoked a law which had strict prerequisites, which the Supreme Court ruled were not met," wrote Reichlin-Melnick. Additionally, "the majority finds at this stage that the President does not have inherent authority to deploy the military to protect ICE property, therefore allowing him to 'execute' the laws with the military. The majority says no."