Seventh Circuit Blocks Trump National Guard Deployment in Chicago

While the Bolton indictment grabbed the attention of lawfare watchers on Thursday a more consequential development, nationally speaking, was the unanimous ruling by a three-judge panel of the Seventh Circuit, upholding the lower court’s injunction against President Trump’s attempt to deploy the National Guard in Illinois, over the objection of state officials (Illinois v. Trump).

The decision is important. The administration drew a three-judge panel that seemed favorable, including appointees of Presidents Bush 41, Obama, and Trump 45. At issue is whether the president has the authority to federalize and deploy the guard, under Section 12406 of law pertaining to the Guard (Title 10, U.S. Code), despite the objection of Governor J. B. Pritzker, Chicago Mayor Brandon Johnson, and other Illinois Democrats.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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While the Bolton indictment grabbed the attention of lawfare watchers on Thursday a more consequential development, nationally speaking, was the unanimous ruling by a three-judge panel of the Seventh Circuit, upholding the lower court’s injunction against President Trump’s attempt to deploy the National Guard in Illinois, over the objection of state officials (Illinois v. Trump).

The decision is important. The administration drew a three-judge panel that seemed favorable, including appointees of Presidents Bush 41, Obama, and Trump 45. At issue is whether the president has the authority to federalize and deploy the guard, under Section 12406 of law pertaining to the Guard (Title 10, U.S. Code), despite the objection of Governor J. B. Pritzker, Chicago Mayor Brandon Johnson, and other Illinois Democrats.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.