A Georgetown Law School Professor's Supremes Amicus Brief Likely Dooms Trump's Natl. Guard Push, In Illinois. Justice Barrett Just So Hinted.

The brief is very well-argued. And he is right: the statutory authority Trump purports to rely upon (to deploy the National Guard in Illinois) clearly refers to "regular forces". That in turn -- according to a line of uninterrupted cases, and rules -- and the statute itself -- has always been understood to mean the US Army, exclusively. Not the Guard. [Do go read all of Prof. Lederman's fine amicus brief.]

In other words, Trump has zero authority to deploy the National Guard, under the statute he used. Zero. He loses -- but for now, the TRO and preliminary injunction remain in place -- through late November minimum. There will be no deployment in Illinois. Full stop. Here is Barrett's order of this evening:

. . .25A443 | TRUMP, PRESIDENT OF U.S., ET AL. V. ILLINOIS, ET AL.

The application for stay presented to Justice Barrett is referred by her to the Court. The parties are directed to file supplemental letter briefs addressing the following question:

Whether the term “regular forces” refers to the regular forces of the United States military, and, if so, how that interpretation affects the operation of 10 U. S. C. §12406(3).

The briefs, not to exceed 15 pages, are to be filed by Monday, November 10, 2025. Letter reply briefs, not to exceed 10 pages, are to be filed by Monday, November 17, 2025. Any brief for an amicus curiae under Rule 37.4, on that or other aspects of the application, must be filed by Monday, November 10, 2025. . . .

Once again -- the Trumpie / Noemite dolts can't read basic legal requirements -- for comprehension. Hilarious. Well-done, Gov. Pritzker!

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