The Supreme Court is poised to rule on whether President Donald Trump can use troops against Americans in response to protests. The case, Trump v. Illinois, centers around Trump's attempt to deploy National Guard troops to an immigration facility in Broadview, Illinois, to suppress a small protest that has ranged in size from a few dozen people to about 200.
The Court signaled skepticism of many of Trump's legal arguments in an October 29 order and asked for additional briefing on a question that neither party raised to the justices. The first round of those new briefs were filed on November 10, and the Court is likely to rule on the case after briefing completes on Monday, November 17.
The upshot is that Trump's attempt to send troops to Broadview remains blocked by lower court orders, at least for now. However, a majority of the justices appear to have found evidence persuasive enough to set aside Trump's arguments and instead demand additional briefing on the meaning of the term "regular forces" under the amended Dick Act.
If Lederman's argument is correct, it would mean that Trump may only deploy regular Army or Marine forces against Americans protesting his policies. This raises concerns about the potential for military force to be used in response to protests. The Posse Comitatus Act and the Insurrection Act provide alternative frameworks for the use of military force, but their interpretation is subject to judicial review.
The implications of a ruling in favor of Lederman's argument are far-reaching. It would suggest that Trump lacks the authority to use National Guard members against protesters on US soil, even if they have been charged with crimes or engaging in violent behavior. However, it is also possible that the justices will interpret the Insurrection Act more broadly, paving the way for a new legal fight over Trump's claim to deploy regular forces against Americans.
Ultimately, the Supreme Court's decision on this case will have significant implications for the balance of power between the executive branch and Congress, as well as the limits of presidential authority in response to domestic unrest.
The Court signaled skepticism of many of Trump's legal arguments in an October 29 order and asked for additional briefing on a question that neither party raised to the justices. The first round of those new briefs were filed on November 10, and the Court is likely to rule on the case after briefing completes on Monday, November 17.
The upshot is that Trump's attempt to send troops to Broadview remains blocked by lower court orders, at least for now. However, a majority of the justices appear to have found evidence persuasive enough to set aside Trump's arguments and instead demand additional briefing on the meaning of the term "regular forces" under the amended Dick Act.
If Lederman's argument is correct, it would mean that Trump may only deploy regular Army or Marine forces against Americans protesting his policies. This raises concerns about the potential for military force to be used in response to protests. The Posse Comitatus Act and the Insurrection Act provide alternative frameworks for the use of military force, but their interpretation is subject to judicial review.
The implications of a ruling in favor of Lederman's argument are far-reaching. It would suggest that Trump lacks the authority to use National Guard members against protesters on US soil, even if they have been charged with crimes or engaging in violent behavior. However, it is also possible that the justices will interpret the Insurrection Act more broadly, paving the way for a new legal fight over Trump's claim to deploy regular forces against Americans.
Ultimately, the Supreme Court's decision on this case will have significant implications for the balance of power between the executive branch and Congress, as well as the limits of presidential authority in response to domestic unrest.