*UPDATE*
Judge April Perry refused to issue a temporary restraining order:
Judge April Perry ruled that she would not block the deployment of troops from Illinois and Texas at this time, stating that she needed lengthy court filings. Perry gave the Department of Justice until midnight on Wednesday to respond to the lawsuit which was filed on Monday morning.Oral arguments in the matter will be held on Thursday. Attorneys representing the federal government told the judge that National Guard troops could be arriving as early as Monday and could be in position for their assignment as early as Tuesday.
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Here we go again.
Illinois Gov. JB Pritzker and Chicago Mayor Brandon Johnson have sued the Trump administration to stop the deployment of the National Guard to Chicago.
President Donald Trump wanted to send the Texas National Guard to Illinois.
Defendants’ deployment of federalized troops to Illinois is patently unlawful. Plaintiffs ask this court to halt the illegal, dangerous, and unconstitutional federalization of members of the National Guard of the United States, including both the Illinois and Texas National Guard. Because this federalization is patently pretextual and baseless, Defendants cannot satisfy any of the three prerequisites for involuntarily federalizing any of the National Guard of the United States under 10 U.S.C. § 12406. Not only have the defendants acted outside the authority of 10 U.S.C. § 12406, but their conduct also violates the Posse Comitatus Act, the Administrative Procedure Act, and, of paramount concern, several provisions of the U.S. Constitution.
“To the extent that Defendants have offered any basis at all to deploy the military to Illinois, it is based on a flimsy pretext: protests outside a two-story ICE processing facility in Broadview, a suburb of Chicago with less than 8,000 residents,” the lawsuit claims. “But far from promoting public safety in the Chicago region, Defendants’ provocative and arbitrary actions have threatened to undermine public safety by inciting a public outcry.”
Ugh. Broadview doesn’t have less than 8,000 residents. It has fewer than 8,000 residents.
How many states have sued the administration? I’ve lost count. Has it only been California, Oregon, and also DC?
Either way, the one in California is still moving through the courts.
Late Sunday night, a judge issued a temporary restraining order on Trump’s decision to send the California National Guard to Portland, OR.
The judge said Trump’s order “appears to violate both 10 U.S.C. §12406 and the Tenth Amendment.”
I have a feeling the judge in the Illinois case will make a similar decision.
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