Today federal district court judge April Perry held the first hearing in the case. Illinois and Chicago are seeking a temporary restraining order (TRO). Perry did not rule on the motion today because of the length of the of the complaint and exhibits. She has given the Trump regime until 10/8/2025 at 11:59 p.m.to respond to the complaint. 2/
Personally, I wish Perry had felt she could rule today, because the Trump regime is likely to put federalized troops into Chicago before Wednesday night. It is easier to prevent than to undo. But I understand Perry’s predicament. She faces a Supreme Court that bends over backwards and then does backflips to enable Trump and the Republican Fascist Party. If she does issue a TRO, she has to show scrupulous care and deference to the defendants. 3/
One major power NOT delegated to the federal government is the general power to keep the peace. That is reserved to the states. Also embedded in U.S. is the principle that the military shall neither occupy the states nor be used for domestic law enforcement. See the 3rd Amendment, prohibiting the mandatory quartering of troops, https://www.law.cornell.edu/constitution/third_amendment, and the Posse Comitas Act, which largely prohibits the use of the federal military for domestic law enforcement. https://www.law.cornell.edu/uscode/text/18/1385 7/
At the heart of the legal wrongfulness of the Trump deployment of federalized National Guard troops is its violation of U.S. law protecting the sovereignty of the states and its violation of laws against federal military force being used for domestic law enforcement, including civil immigration law enforcement. 5/
These are foundational legal matters. The Illinois complaint does a great job of explaining. I will synopsize. First, the sovereignty of the states. The 10th Amendment to the U.S. Constitution: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” https://www.law.cornell.edu/constitution/tenth_amendment 6/