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The Supreme Court has asked President Donald Trump’s administration and Illinois to answer an additional question related to a case on the president’s push to deploy National Guard troops in the midwestern state. “The parties are directed to file supplemental letter briefs addressing the following question: Whether the term ‘regular forces’ refers to the regular forces of the United States military, if so, how that interpretation affects the operation of 10 U. S. C. §12406(3),” the top court wrote in a brief Wednesday note. Newsweek has reached out to the White House for comment on the case. Why It Matters The president’s use of the National Guard has remained contentious since he first deployed troops to Los Angeles, a move the Trump administration said was required to protect federal facilities and U.S. Immigration and Customs Enforcement (ICE) agents carrying out lawful deportation orders. Lawyers for Illinois and Chicago have argued that deploying the troops will unnecessarily escalate tensions in the city, citing a lack of training for local policing and potential to undermine ordinary law enforcement. The White House, however, maintains that crime in Chicago—and other cities targeted for troops deployment—is out of control and requires a heavier approach, in addition to the need to protect immigration authorities as they continue conducting deportations. States have disputed and rejected the administration’s bleak description of conditions on the ground. What To Know The Supreme Court asked Illinois and the Trump administration to file their responses next month. “The briefs, not to exceed 15 pages, are to be filed by Monday, November 10, 2025. Letter reply briefs, not to exceed 10 pages, are to be filed by Monday, November 17, 2025. Any brief for an amicus curiae under Rule 37.4, on that or other aspects of the application, must be filed by Monday, November 10, 2025,” the Supreme Court’s note said. What Did the Appeals Courts Say? A temporary restraining order earlier this month halted the deployment of Guard troops in Illinois, pending final judgment issued on the case brought by state officials and Chicago. The Supreme Court move follows several lower court appeals in cases concerning Chicago and Portland, Oregon. The judges in each of those appeals ultimately ruled the president has the power to federalize the state’s National Guard, but does not have unilateral power to deploy the troops. The most robust challenge to Trump’s authority to deploy troops occurred with Newsom v Trump, which upheld that the president had federal authority over National Guard troops deployed to Los Angeles during widespread protests against the deportations earlier this year. California attempted to appeal the decision, but the U.S. Court of Appeals for the 9th Circuit declined to rehear the case, effectively upholding the original decision. This is a developing story and will be updated with additional information.
