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Sue Connaughton's avatar

I am a Chicago resident and want to make sure everyone knows that several hundred Illinois National Guard members are still federalized. They have never been deployed to the streets and are continuing to live on a training base about 50 miles from Chicago. Trump recently extended their orders until mid April 2026. So, for almost 4 months they have been sitting at a training facility and will continue to do so for the next 4 months.

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Chris Geidner's avatar

I noted the continued federalization in the "What now?" section, though not the numbers, and the possibility that the Seventh Circuit could be called upon now to lift its stay of that portion of the district court order — which would allow for an end to the federalization under Perry's order.

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Ken Buch's avatar

Gorsuch's comment interests me. He writes: "And if, as all parties seem to assume, today's Guard is the successor to the militia of the founding era ..." Does this have any relevance to the 2nd Amendment? If the Guard = the Militia, does the 2nd apply, specifically and solely, to the National Guard?

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David Maceira's avatar

If the t regime spent less time in front of the SCOTUS and more time working with their majorities in both houses trying to pass legislation that would help people instead of causing so much pain and harm, they wouldn't be the lamest ducks to occupy the hill in the history of the United States. But hats off to the court for making the right call.

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David J. Sharp's avatar

Agreed … but Trump is lazy; he thinks he can bluster his way without proof or even research. Besides, SCOTUS has repeatedly bent over backwards to accommodate him.

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John Boyd's avatar

When has Trump or his lackys shown any desire to do anything to help anyone other than themselves and the insanely rich? There is no reason to think that will ever change. If they held every seat in Congress they'd not do anything to benefit the vast majority of Americans.

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David Maceira's avatar

Completely agree. Unfortunately, he is owned by not only the bro-ligarch's but also by Putin. IMHO billionaires should never be allowed to hold public office. Anywhere. Ever.

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Susan Linehan's avatar

It is such a relief to have even a ray of hope on this.

I would hasten to point out that the WA National Guard has been super busy with helping victims of our flooding. This is what the Guard is FOR. WTF would have happened if trump had tried to drain our personnel to "enforce the law" in some other state.

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David J. Sharp's avatar

Another fine review! Especially the part about Justice Gorsuch … frankly the man bewilders me. With absolutely no evidence at all, I wonder if he’s trying to position himself as Chief Justice in the Project 2025 Forever Reich.

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George Chuzi's avatar

Looking at Kavanaugh’s footnote in his concurrence, it appears to me that he’s potentially backing away from the position he expressed in his concurrence in Noem. In Noem, he asserted that probable cause for a stop could include apparent racial characteristics in certain situations. Here, he cites the well-established position that the Fourth Amendment precluded consideration of race. Interesting.

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Leonard Grossman's avatar

Once would like to think so. Or does his right hand know what his right hand is doing?

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Tammy Cravit's avatar

Does Justice Kavanaugh’s footnote have any bearing on future attempts to claim Qualified Immunity by ICE or its agents? It seems to me that it could, but I’m not an expert on that jurisprudence.

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Leonard Grossman's avatar

Well done, An excellent explainer.

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Leonard Grossman's avatar

The buried lede: "It was, in short, an effort to address the ā€œKavanaugh stopā€ critique — without so much as a reference to his opinion or even the Supreme Court’s order in Noem v. Vasquez Perdomo."

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Richard Luthmann's avatar

The dissent is right. Dead right. The Supreme Court had one job here: decide the stay based on the arguments presented. Instead, the majority played amateur legislator, injecting a ā€œregular forcesā€ theory DOJ did not advance and then ruling on it anyway. That is not judicial restraint. That is judicial adventurism. Alito nailed it—courts do not get to become advocates because they dislike the executive’s position. Gorsuch was equally clear: these are ā€œgravely consequentialā€ separation-of-powers questions that demand full briefing, not shadow-docket improvisation. If this is about norms, the majority just shattered them.

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Leonard Grossman's avatar

But neither Gorsuch nor Alito have shied away from redefining the issues before them when they saw fit.

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