The State of Illinois and City of Chicago filed a lawsuit seeking to prevent federalization of the Illinois National Guard after the president sought to federalize and deploy the National Guard in the state. Plaintiffs argued that none of the statutory predicates for federalizing the guard had been met and that the federalization also violated the Tenth Amendment and the Posse Comitatus Act. The district court granted plaintiffs’ request for a temporary restraining order and the administration appealed and moved for a stay of the order pending appeal. The Seventh Circuit concluded that the district court’s factual findings at the preliminary stage were not clearly erroneous and that the facts did not justify the administration’s actions. The appellate court denied the administration’s motion for a stay pending appeal, but continued to stay the portion of the order enjoining the federalization of the National Guard so that the administration remains barred from deploying the National Guard in Illinois.
Federal 7th Circuit Court
Civil Court
Executive Authority