Attorneys General Challenge Presidential Power to Deploy National Guard Unilaterally

Maryland Attorney General Anthony G. Brown, along with a coalition of 24 other state attorneys general and governors, has filed a brief with the Supreme Court of the United States urging the court to uphold a lower court’s decision blocking President Trump’s deployment of the National Guard to Chicago. The coalition argues that the President’s action is unlawful, unconstitutional, and a threat to democratic principles and state sovereignty.

The legal challenge centers on the principle of civilian control of the military and the balance of power between federal and state governments. The attorneys general and governors contend that the President’s attempt to deploy National Guard troops to Illinois without the consent of the state’s governor violates established federal law and the Constitution. This action, they argue, sets a dangerous precedent for the military being used as a political tool.

Earlier this month, a federal court did indeed block the President’s deployment of the National Guard to Illinois, citing its unlawful and dangerous nature. The coalition is now asking the Supreme Court to uphold this decision and prevent the President from wielding military power in a manner that could be perceived as politically motivated against state and local leaders with whom he may disagree.

This is not the first instance of Attorney General Brown leading such an effort. He previously spearheaded a similar amicus brief filed with the U.S. Court of Appeals for the Seventh Circuit. In that instance, the court allowed the President to assume federal control over National Guard troops but disallowed their deployment, a distinction the current brief aims to solidify.

The coalition supporting Attorney General Brown’s filing includes the attorneys general from Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Additionally, the governors of Kansas, Kentucky, and Pennsylvania have joined in this significant challenge.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

---