Let's talk about Trump's Insurrection Act moves being undercut by the courts....
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What is the main topic discussed in this episode?
Well, howdy there, Internet people. It's Belle again. So today, we're going to talk about how Trump can keep but not deploy National Guard in Chicago. The Chicago-based U.S. Court of Appeals for the Seventh Circuit has upheld part of the order blocking Trump from using the National Guard against Americans in Chicago. The short version of the appeal's decision is that Trump can keep the National Guard federalized, but can't deploy them to federal buildings or patrol the streets.
What are Trump's limitations on deploying the National Guard in Chicago?
The ruling being upheld said Trump's desired deployments would, quote, likely to lead to civil unrest, and it suggested that the move would, quote, only add fuel to the fire. The block was put in place by Judge Perry on Thursday. She followed it up with a written opinion on Friday and cited the Federalist Papers and said, That's pretty plain language. But there's also a unique bit in the opinion. Quote, There has been no showing that the civil power has failed. The agitators who have violated the law by attacking federal authorities have been arrested. The courts are open, and the marshals are ready to see that any sentences of imprisonment are carried out. Resort to the military to execute the laws is not called for.
How did the courts rule on Trump's National Guard deployment?
That little bit in the ruling actually seems to be attempting to preempt Trump's desire to use the Insurrection Act. As we've talked about numerous times now, the generally accepted guideline for when invoking the Insurrection Act is that it's okay when federal law cannot be enforced by the ordinary course of judicial proceedings. The shorthand for that is, are the courts running? Well, then you shouldn't use the Insurrection Act. Her pointing out that the courts are open and Raelynn Givens is ready to go to work really seems tailored to undercut any potential invocation by Trump. In what's surely going to be a sore point for the administration, the judge pointed to the administration's own numbers that show a huge increase in arrests and deportations.
Clearly, the courts are working. In fact, they're working overtime. On Saturday, the appeals court upheld the block on the deployment, but said that, quote, The Trump administration is expected to appeal, but is already getting pushback from Republicans. Senator Tom Tillis of North Carolina said, quote, Illinois Governor J.B. Pritzker posted to social media, Donald Trump is not a king, and his administration is not above the law.
Undoubtedly, this story will continue with more developments later this week, but for now, the status quo is preserved. Anyway, it's just a thought. Y'all have a good day.
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