The U.S. Supreme Court, these days, is widely seen as a rubber stamp for President Donald Trump’s agenda. But on Tuesday, a rare SCOTUS ruling went against the president.
In a 6-3 decision, the court ruled that the president does not have the right to send the National Guard to Chicago in order to protect ICE agents.
“At this preliminary stage, the government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said, in an unsigned order issued on its emergency docket.
Raoul wins in US Supreme Court in blocking Trump’s National Guard deployment to quell so-called rebellion in Illinois Check out this article: https://t.co/jpIAidbrsb
— Ray Long (@RayLong) December 23, 2025
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Three conservatives on the court, Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch, dissented from the decision.
“He activated the National Guard to protect federal law enforcement officers, and to ensure rioters did not destroy federal buildings and property,” White House spokeswoman Abigail Jackson said in a statement to CNN. “Nothing in today’s ruling detracts from that core agenda.”
CNN’s Supreme Court analyst, Steve Vladeck, weighed in on the decision.
“This is a significant repudiation of President Trump’s efforts to use federal troops to supplement immigration enforcement, especially in Democratic-led jurisdictions,” Vladeck told CNN. “It’s hard to see how the administration can continue to use this obscure 1908 authority to try to deploy federalized National Guard troops.”
Vladeck went on to call the decision “by far the most significant defeat the Supreme Court has handed Trump all year.”
So what can Trump do now, if he wants to deploy troops to cities?
BREAKING: Significant loss for Trump administration at Supreme Court, which rules that Trump lacked authority to federalize and deploy the National Guard to execute laws in Illinois. https://t.co/T9zLnRC4GE pic.twitter.com/5aIERMb0i8
— Kyle Cheney (@kyledcheney) December 23, 2025
“The decision leaves Trump with few options if he wants to continue to deploy soldiers into cities — but not zero options. It appears likely that the president could still invoke the Insurrection Act, for instance, to deploy regular forces to Chicago and other cities. That may be a politically fraught move, however, because it challenges the longstanding prohibition on the military being used for law enforcement,” CNN said.
BREAKING: The Supreme Court rejects the Trump administration’s request to deploy National Guard troops in Illinois at this time, over the dissenting votes of Justices Thomas, Alito, and Gorsuch.
Background: https://t.co/3B6LUdJaZ2 pic.twitter.com/qvRqOzi7gn
— Chris “Law Dork” Geidner (@chrisgeidner) December 23, 2025
Photo courtesy of the Political Tribune media library.