“On October 4, 2025, President Donald Trump invoked his authority under 10 USC § 12406 to federalize and deploy members of the National Guard within Illinois, over the objection of the state’s Governor. He asserted that deploying the Guard in the state was necessary to quell violent assaults against federal immigration agents and property. The State of Illinois and the City of Chicago promptly sue President Trump and members of his administration, arguing that none of the statutory predicates for federalizing the Guard under § 12406 had been met, and that the federalization also violated the Tenth Amendment and the Posse Comitatus Act, 18 USC § 1385.”

“The district court granted plaintiffs’ request for a temporary restraining order, enjoining the administration from federalizing and deploying the Guard within Illinois. In the district court’s view of the factual record, neither of the predicate conditions for federalization proffered by the administration was present in Illinois: There was insufficient evidence of rebellion or a danger of a rebellion, 10 USC § 12406(2), nor was there sufficient evidence that the President was unable with the regular forces to execute the laws of the United States. The administration immediately appealed and moved for a stay of the order pending appeal. Because we conclude that the district court’s factual findings at this preliminary stage were not clearly erroneous, and that the facts do not justify the President’s actions in Illinois under § 12406, even giving substantial deference to his assertions, we deny the administration’s motion for a stay pending appeal except to the extent we continue our stay of the portion of the order enjoining the federalization of the Guard,” says the Per Curiam ruling from a four judge panel at the Seventh Circuit Court of Appeals.