With Supreme Court decision still pending, judge extends block on Guard in Chicago indefinitely
CHICAGO — National Guard troops won’t be deploying in the Chicago area anytime soon unless the U.S. Supreme Court intervenes because a judge on Wednesday extended her temporary restraining order indefinitely.
Elsewhere around the country, it will be at least days before the Guard could be deployed in Portland, Oregon, and federal appeals judges are weighing whether hundreds of California National Guard members should remain under federal control.
President Donald Trump’s push to send the military into Democratic-run cities despite fierce resistance from mayors and governors has unleashed a whirlwind of lawsuits and overlapping court rulings.
Here’s what to know about legal efforts to block or deploy the National Guard in various cities:
U.S. District Judge April Perry on Wednesday blocked the deployment of Guard troops to the Chicago area until the case has been decided either in her court or the U.S. Supreme Court intervenes. Perry had already blocked the deployment for two weeks through a temporary restraining order, or TRO.
Attorneys representing the federal government said they would agree to extend the order but emphasized that they would continue pressing for an emergency order from the Supreme Court that would allow for the deployment.
“Every day this improper TRO remains in effect imposes grievous and irreparable harm on the Executive,” Solicitor General D. John Sauer wrote in a Supreme Court filing Tuesday.
Lawyers representing Chicago and Illinois have asked the Supreme Court to continue to block the deployment, calling it a “dramatic step.”
An appeals court said Monday that Trump could take command of 200 Oregon National Guard troops, but a separate court order still blocks him from actually deploying them.
U.S. District Judge Karin Immergut, a Trump appointee, issued two temporary restraining orders earlier this month. One prohibited Trump from calling up Oregon troops so he could send them to Portland. The other prohibited him from sending any Guard members to Oregon at all after he tried to evade the first order by deploying California troops instead.
The Justice Department appealed the first order and — in a 2-1 ruling Monday — a 9th U.S. Circuit Court of Appeals panel sided with the administration.
However, Immergut’s second order remains in effect, so no troops may immediately be deployed. She has scheduled a hearing for Friday on the administration’s request to dissolve that order. Meanwhile, the state is asking the 9th Circuit to reconsider Monday’s ruling.
A 9th U.S. Circuit Court of Appeals panel in Pasadena heard arguments Wednesday related to Trump’s deployment of Guard troops to Los Angeles.
A district court found the administration violated federal law when it sent troops to Los Angeles in June after protests over Trump’s immigration crackdown.
Judge Charles Breyer handed California Gov. Gavin Newsom a victory on June 13 when he ordered control of California’s Guard members back to the state. But in an emergency ruling, an appeals court panel sided with the Trump administration, putting Breyer’s decision on hold and allowing the troops to remain in federal hands as the lawsuit unfolds.
The appeals court is now weighing whether to vacate Breyer’s June order.
The same three-judge panel is also handling the Trump administration’s appeal of Breyer’s Sept. 2 ruling, which found the president violated the Posse Comitatus Act, an 1878 law prohibiting military enforcement of domestic laws.
In Charleston, West Virginia, a state court hearing is set for Friday in a lawsuit filed by two groups seeking to block deployment of the state National Guard to Washington, D.C. More than 300 Guard members have been in the nation’s capital supporting Trump’s initiative since late August.