Yesterday, the US Court of Appeals for the Seventh Circuit refused to stay a district court ruling barring President Trump from using the National Guard in Illinois, ostensibly to counter violent protests against ICE deportation efforts. The court ruled that Trump was unlikely to prevail in this litigation, because the kind of emergency situations that legally permit federalization of the National Guard don't exist. Notably, the three judges were unanimous, and they include a George W. Bush appointee (Judge Ilana Diamond Rovner), an Obama appointee (Judge Hamilton), and a Trump appointee (Judge St. Eve). Thus, the ruling can't easily be depicted as a purely left-wing one.
This decision follows similar rulings by Illinois District Judge April Perry (which this decision refused to stay), Or