The Supreme Court declined Tuesday to allow President Donald Trump to deploy the National Guard in Illinois.
The government has not shown it is permitted under the law “to federalize the Guard in the exercise of inherent authority to protect federal personnel and property in Illinois,” the Supreme Court majority held.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the Supreme Court majority held. “The President has not invoked a statute that provides an exception to the Posse Comitatus Act.”
Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented from the ruling.
“I am not prepared at this point to express a definite view on these questions, but I have serious doubts about the correctness of the Court’s views,” Alito wrote in a dissent joined by Thomas. “And I strongly disagree with the manner in which the Court has disposed of this application”
BREAKING: Supreme Court won’t let Trump deploy the National Guard in Chicago. Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissent. pic.twitter.com/GfpMnCJdIa
Should Trump be allowed to deploy the National Guard in Illinois?— Katelynn Richardson (@katesrichardson) December 23, 2025
The administration urged the justices to intervene in October after an appeals court left in place an order preventing Trump from sending troops into the area.
Several Democratic governors, including California Gov. Gavin Newsom, have brought legal challenges to Trump’s decision to deploy the National Guard within their state. The D.C. Circuit Court of Appeals allowed troops to remain in Washington, D.C. while litigation continues in a Dec. 17 decision.
“Whatever one may think about the current administration’s enforcement of the immigration laws or the way ICE has conducted its operations, the protection of federal officers from potentially lethal attacks should not be thwarted,” Alito wrote.
This is a breaking news story and will be updated.
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