On Thursday, Judge April Perry will face a historic test in Chicago: whether to let President Donald Trump deploy the Texas National Guard into the city. More precisely, she must decide how much deference to give the president’s judgment that the statutory requirement for federalizing the guard, either a “rebellion” or an “inability to execute the laws,” has been met.
The courts that handled the Los Angeles and Portland deployments trapped themselves by choosing deference, leaving them vulnerable to Trump’s endless escalation; Perry should avoid the same mistake.
The conventional wisdom has long held that judges must defer to the president’s determination that a “rebellion” or “inability to execute the laws” exists, thereby justifying federalization of the National Guard.
Judicial res