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Supreme Court’s National Guard decision could force new debate over how Trump could use Insurrection Act

The Supreme Court ruled that President Trump failed to meet legal requirements to federalize the Illinois National Guard, blocking deployment to protect ICE facilities.

  • On Tuesday, the U.S. Supreme Court blocked President Donald Trump from federalizing hundreds of Illinois National Guard members, ruling he had not met that law's requirements as tensions eased at an ICE facility west of Chicago.
  • The Justice Department for months framed its need to rely on section 12406 as an alternative to using regular forces, aiming to send National Guard troops into Democratic-run cities to protect Immigration and Customs Enforcement agents and facilities.
  • Lower court orders had already blocked Guard operations with the Department of Homeland Security, and officials said only about 300 National Guard units from Illinois remain ready as defense officials `rightsized` deployments.
  • In a statement after the order Tuesday, White House spokeswoman Abigail Jackson said nothing in the decision detracts from the administration's `core agenda` of protecting federal buildings, while the Supreme Court's ruling left other legal questions unresolved.
  • Trump has repeatedly flirted with invoking the Insurrection Act, which intersects with the 1878 Posse Comitatus Act; historical precedents include President George H.W. Bush's 1992 invocation and President Dwight Eisenhower's 1957 Little Rock federalization.
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Supreme Court’s National Guard decision could force new debate over how Trump could use Insurrection Act

The Supreme Court’s decision Tuesday blocking President Donald Trump from sending the National Guard into American cities is likely to raise a politically fraught debate about the president’s willingness to invoke a 19th century law to deploy the regular military on American soil instead.

·Atlanta, United States
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Bloomberg broke the news in United States on Tuesday, December 23, 2025.
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