US Supreme Court demands more information in National Guard case

Trump expands use of the military for domestic purposes Federal judges questioned justification for troops Court seeks information on language of law
Published on
November 4, 2025

Oct 29 (Reuters) - The U.S. Supreme Court signaled on Wednesday that it is actively debating how to interpret the wording of a law that limits when a president can use members of the National Guard in a challenge to President Donald Trump's bid to dispatch troops to the Chicago area.

The justices ordered the challengers - the state of Illinois and the City of Chicago - as well as Trump's Justice Department, to file written briefs by November 10 answering the question of what the words "regular forces" in the law means.

The law at issue lets a president deploy state National Guard troops to suppress a rebellion or if he is "unable with the regular forces to execute the laws of the United States."

The Justice Department asked the court in an emergency filing on October 17 to lift Chicago-based U.S. District Judge April Perry's decision to block the Guard deployment while litigation in the challenge continues.

Perry ruled that Trump likely violated the law establishing preconditions for federalizing Guard troops, as well as the state's rights under the U.S. Constitution's 10th Amendment.

The National Guard serves as state-based militia forces answering to state governors except when called into federal service by the president.

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