Posted on 10/16/2025 5:04:34 PM PDT by E. Pluribus Unum
National Guard troops are typically under the control of state governors, but federal law empowers the president to call them into federal service if there is a danger of foreign invasion or “rebellion against the authority of the government.”
Trump has pointed to immigration-related protests in Chicago and other cities to justify his attempts to use the guard. But the 7th Circuit judges rejected that rationale.
A protest does not transform into a “rebellion” just because protesters are well-organized, advocate to overhaul the structure of government or use civil disobedience, Judges Ilana Rovner, David Hamilton and Amy St. Eve wrote. Nor do isolated incidents of criminality or violence convert a protest into a rebellion or generalized lawlessness, they added.
“We emphasize that the critical analysis of a ‘rebellion’ centers on the nature of the resistance to governmental authority,” the court wrote, adding that there must at least be deliberate, organized violence in opposition to government authority. “Political opposition is not rebellion.”
Administration officials have also argued that courts are generally required to show great deference to the president’s decisions regarding use of the military, but the 7th Circuit said their arguments fail even under such a “substantial deference” standard.
Litigation over the Illinois deployment will now continue in the 7th Circuit. The administration is seeking to overturn a district judge’s order barring Trump from using the guard there.
A separate three-judge panel of the 9th Circuit Court of Appeals is currently considering a similar case regarding a deployment to Portland, Oregon. That panel, which includes two Trump-appointed judges, expressed skepticism last week about whether federal courts can review the president’s assessments when deciding to federalize troops.
(Excerpt) Read more at politico.com ...
stooges Ilana Rovner [grabby poppy stooge], David Hamilton [Benedict obama stooge] and Amy St. Eve [dubya stooge].
This is not over!
(I hope)
So, judge, what number of violent criminal attackers does it take to be a rebellion? And how many attacks?
Well, the next time 100,000 angry people show up on Capitol Hill claiming an election was “stolen” don’t ask for the National Guard.
If 100,000 angry people parade around the Supreme Court with pictures of babies and pitchforks don’t ask for the National Guard.
You can BET that these stooges would fill their robes with feces if someone protested their "authoritay" to hand down their illegitimate "judgments"...
“there must at least be deliberate, organized violence in opposition to government authority.”
So if the violence is spontaneous or disorganized, it can’t be a rebellion? Can it still be an insurrection? Is that OK with the court?
I would call that the new security protocol for the DNC Conventions. Political difference is not an issue the national guard should be occupying.
It isn’t “political opposition” when threats to family, and injuries, and disruptions of peoples lives occur. It is rebellion.
Idiotic ruling by rat hacks.
Not even to protect Federal property?
Attacking federal property is not political opposition
If ICE is all on their own then they probably need to bring in the belt fed weapons.
Federal judges did not stop Lincoln, Hoover (Bonus Army), Eisenhower and Kennedy from deploying troops against Americans in the U.S.
Turn all federal buildings wherever located into Fort Apaches with shoot-to-kill orders given to the besieged federal LEOs.
You want mostly peaceful law enforcement, blue cities? Federal judges?
You asked for it.
When the SCOTUS slaps these three stooges down it will be a yuge win for Trump and for America.
Until the judge chooses to defy their ruling. S.O.S.D.D.
WIKI [Shays’ Rebellion 1787]
A farmer identified as “Plough Jogger” summarized the situation at a meeting convened by aggrieved commoners:
I have been greatly abused, have been obliged to do more than my part in the war, been loaded with class rates, town rates, province rates, Continental rates, and all rates ... been pulled and hauled by sheriffs, constables, and collectors, and had my cattle sold for less than they were worth ... The great men are going to get all we have and I think it is time for us to rise and put a stop to it, and have no more courts, nor sheriffs, nor collectors nor lawyers.
Veterans had received little pay during the war and faced added difficulty collecting payments owed to them from the State or the Congress of the Confederation. Some soldiers began to organize protests against these oppressive economic conditions. In 1780, Daniel Shays resigned from the army unpaid and went home to find himself in court for non-payment of debts. He soon realized that he was not alone in his inability to pay his debts and began organizing for debt relief.
One early protest against the government was led by Job Shattuck of Groton, Massachusetts, in 1782, who organized residents to physically prevent tax collectors from doing their work. A second, larger-scale protest took place in Uxbridge, Massachusetts on the Rhode Island border on February 3, 1783, when a mob seized property that had been confiscated by a constable and returned it to its owners. Governor Hancock ordered the sheriff to suppress these actions.
Most rural communities attempted to use the legislative process to gain relief. Petitions and proposals were repeatedly submitted to the state legislature to issue paper currency, which would depreciate the currency and make it possible to pay a high-value debt with lower-valued paper
....
Four thousand people signed confessions acknowledging participation in the events of the rebellion in exchange for amnesty. Several hundred participants were eventually indicted on charges relating to the rebellion, but most of these were pardoned under a general amnesty that excluded only a few ringleaders. Eighteen men were convicted and sentenced to death, but most of these had their sentences commuted or overturned on appeal or were pardoned. John Bly and Charles Rose were hanged on December 6, 1787. They were also accused of a common-law crime for looting.
Shays was pardoned in 1788 and he returned to Massachusetts from hiding in the Vermont woods. He was vilified by the Boston press, who painted him as an archetypal anarchist opposed to the government. He later moved to the Conesus, New York area, where he died poor and obscure in 1825.
The crushing of the rebellion and the harsh terms of reconciliation imposed by the Disqualification Act all worked against Governor Bowdoin politically. He received few votes from the rural parts of the state and was trounced by John Hancock in the gubernatorial election of 1787. The military victory was tempered by tax changes in subsequent years. The legislature cut taxes and placed a moratorium on debts and also refocused state spending away from interest payments, resulting in a 30-percent decline in the value of Massachusetts securities as those payments fell in arrears.
Vermont was an unrecognized independent republic that had been seeking independent statehood from New York’s claims to the territory. It became an unexpected beneficiary of the rebellion by sheltering the rebel ringleaders. Alexander Hamilton broke from other New Yorkers, including major landowners with claims on Vermont territory, calling for the state to recognize and support Vermont’s bid for admission to the union. He cited Vermont’s de facto independence and its ability to cause trouble by providing support to the discontented from neighboring states, and he introduced legislation that broke the impasse between New York and Vermont.
https://en.wikipedia.org/wiki/Shays‘s_Rebellion
Just another reason why the judicial needs complete overhauling.
Local officials ordering people not to cooperate with Federal law enforcement, and indeed ordering their own official to interfere with said law enforcement, is not mere “political opposition.”
These judges are insane.
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