Trump Asks Supreme Court to Let Him Deploy Troops in Chicago (2)

President Donald Trump asked the US Supreme Court to let him immediately deploy National Guard troops in Chicago, escalating a high-stakes clash over his use of the military in American cities.

The emergency request Friday follows a federal appeals court decision Thursday refusing to let Trump deploy the troops but saying they would remain under the control of the federal government for the time being.

The filing marks the first time the Supreme Court has been drawn into Trump’s effort to deploy the National Guard in cities that he contends are overrun by crime and where people are protesting his immigration crackdown. Democrats say Trump is overstepping his authority and engaging in a power grab.

The Chicago case is one of several the administration is fighting over its attempts to deploy National Guard troops. In Oregon, a federal judge issued two similar temporary orders barring the deployment of troops to Portland while an appeals court considers a request by the administration to overturn the order.

Trump said in his Supreme Court filing that the 7th US Circuit Court of Appeals was “controlling the military chain of command and judicially micromanaging the exercise of the president’s commander-in-chief powers, including the decision about which military forces the president can deploy.” Trump’s request seeks to allow deployment while the legal fight continues.

Illinois Governor JB Pritzker blasted Trump’s deployment effort.

“Donald Trump will keep trying to invade Illinois with troops — and we will keep defending the sovereignty of our state,” Pritzker said on social media. “Militarizing our communities against their will is not only un-American but also leads us down a dangerous path for our democracy.”

Trump’s request went initially to Justice Amy Coney Barrett, who handles emergency matters involving the 7th Circuit. The Trump appointee signaled the court is likely to move quickly in the case, asking Illinois to file a response by Monday at 5:00 p.m. Washington time.

The 7th Circuit agreed with Illinois officials that the federal government had failed to show any evidence to justify the use of troops, “even giving substantial deference” to Trump’s claim that protests in Chicago amounted to a “rebellion” or “invasion” that necessitates the use of National Guard soldiers.

While the administration “has a strong interest in the protection of its agents and property,” the evidence presented in court filings showed that “the federal government has been able to protect federal property and personnel without the National Guard’s help,” the three-judge panel said..

The case is Trump v. State of Illinois, 25a443.

(Updates with Pritzker’s response in 7th paragraph.)

--With assistance from Madlin Mekelburg.

To contact the reporter on this story:
Greg Stohr in Washington at gstohr@bloomberg.net

To contact the editors responsible for this story:
Elizabeth Wasserman at ewasserman2@bloomberg.net

Peter Blumberg

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