Supreme Court bars Guard from Chicago

 The United States Supreme Court, in a rare display of spine in the face of the flaccid Prsident of the united States has blocked the deployment of federalized naitional guardsman to Illiois where the Governor has opposed such deployment.

It is the rare case in which  President, in his second term,  has been stymied byt the odinarily compliant Supreme Court of the United States.  The key language in Trump v. Illinois is:

We conclude that the term “regular forces” in [10 U.S.C.] §12406(3) likely refers to the regular forces of the United States military. This interpretation means that to call the Guard into active federal service under §12406(3), the President must be “unable” with the regular military “to execute the laws of the United States.” Because the statute requires an assessment of the military’s ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from “execut[ing] the laws” “except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.” 18 U. S. C. §1385.  So before the President can federalize the Guard under §12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be “unable” with those forces to perform that function.