BREAKING: Supreme Court Won't Let Trump Send Troops to Chicago

"To call the Guard into active federal service under 12406(3), the President must be unable' with the regular military to execute the laws of the United States.' Because the statute requires an assessment of the military's ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws' except in cases and under circumstances expressly authorized by the Constitution or Act of Congress."

"So before the President can federalize the Guard under 12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be unable' with those forces to perform that function. The Government has not carried its burden to show that 12406(3) permits the President to federalize the Guard in the exercise of inherent authority to protect federal personnel and property in Illinois."

"In a November Truth Social Post, Trump declared that The Miracle Mile Shopping Center in Chicago, once considered our Nation's BEST, now has a more than 28% vacancy factor, and is ready to call it quits unless something is done about the murder and crime, which is prevalent throughout the City. CALL IN THE TROOPS, FAST, BEFORE IT IS TOO LATE! The administration also cited a need to protect federal personnel and property around Chicago."

The Supreme Court held 6–3 that the President lacked authority under 10 U.S.C. §12406(3) to federalize the National Guard absent statutory or constitutional authority for the regular military to execute the laws and an inability of those forces to do so. The majority emphasized Posse Comitatus limits and read §12406(3) to apply only where the military could lawfully execute the laws yet remain unable to perform that role. The Court concluded the Government had not met its burden to justify federalization to protect federal personnel and property. Justice Kavanaugh concurred; Justices Alito, Thomas, and Gorsuch dissented. The President had publicly urged troops citing crime in Chicago.

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