Today, the United States Supreme Court denied the federal government’s request to stay a lower-court ruling blocking the Trump Administration’s unlawful federalization of the Illinois National Guard. The ruling has significant implications nationally: in Oregon, for example, the Trump Administration relied on the same flawed legal theory to attempt to federalize Oregon’s National Guard.
Statement from Attorney General Dan Rayfield:
“Today’s decision is an important reminder that the rule of law still matters—even when it’s inconvenient for those in power. The Supreme Court made it clear that a president cannot federalize the National Guard by misusing statutes meant for truly extraordinary circumstances.
“In Oregon, we’ve been clear from the start: the federal government does not get to invent emergencies to justify overreach. Our Guard exists to serve people, under the lawful authority of our state, not as a political tool. Today’s ruling reinforces a basic principle—no one, including a president, is above the law.”