Legal Issues Over National Guard Deployment Could Reach Supreme Court
According to CNN legal analyst Ellie Honig, President Donald Trump’s ongoing legal challenges regarding the National Guard’s deployment may escalate to the Supreme Court soon.
Trump has deployed the National Guard to several cities, like Washington, D.C., Chicago, Portland, and Atlanta, citing a need to restore order due to rising crime and civil unrest. On “Anderson Cooper 360,” Honig noted that the legal cases surrounding this deployment are advancing rapidly through the courts, potentially reaching the U.S. Supreme Court shortly.
“This can go to the Supreme Court. Yes, these cases are currently unfolding in district courts. There are 94 federal districts across the U.S., and what judges decide in Oregon doesn’t necessarily impact rulings in Chicago,” Honig explained. “We’re already heading toward the Oregon Court of Appeals, and it’s probably just a matter of time before one or more cases find their way to the Supreme Court, at least in urgent circumstances.”
Honig elaborated that Trump has depended on lesser-known emergency laws, which allow the mobilization of national security forces in response to situations he describes as “rebellion, aggression, or law enforcement emergencies.”
“They will all rely on real facts,” she said. “So far, the law Trump has cited to deploy the National Guard isn’t related to rebellion. It’s another form of emergency law allowing the president to act in situations of rebellion or aggression, and for enforcing federal laws. The president’s argument is that there is chaos on the streets, but so far, judges have pushed back on that.”
The fallout from Trump’s National Guard deployment remains unpredictable, Honig stated, as federal judges across the nation evaluate whether a real emergency exists on a case-by-case basis. “If the situation only involves the mayor, the federal judge in Chicago hasn’t halted the deployment yet, but it hinges on their interpretation of the emergency,” she added. “Each time the president deploys the National Guard, it may lead to further legal scrutiny, with judges asking, ‘Is this really an emergency?’
Recently, Chicago’s Democratic Mayor Brandon Johnson strengthened the city’s Sanctuary Policy by signing an executive order to create “ice-free zones” throughout the area. This was seen as a pushback against the Trump administration’s immigration policies, aimed at restricting federal immigration agents from accessing city-owned property.
On Saturday, tensions heightened when anti-ICE protesters clashed with border patrol agents, leading to the immobilization of 10 vehicles. In response, agents had to fire defensive shots. Reportedly, Chicago police did not respond to the agents’ requests for assistance after the patrol chief instructed them not to intervene. In light of these events, Illinois Attorney General Kwame Raoul filed litigation on Monday to block the Trump administration’s National Guard deployment in the state.
