The Trump administration filed an emergency stay request Friday with the Supreme Court to undo a lower court order blocking the deployment of the National Guard in Chicago.
“This Court should stay the district court’s October 9 injunction in its entirety,” the filing, written by Solicitor General John Sauer, said.
Sauer argued the injunction “impinges on the President’s authority and needlessly endangers federal personnel and property.”
He said the Supreme Court should weigh in now “so that the National Guard may perform its protective function while any further litigation is ongoing. Given the pressing risk of violence, this Court should also grant an immediate administrative stay pending consideration of the present application.”
On Thursday, a three-judge panel on the 7th Circuit Court of Appeals said the Trump administration’s decision to deploy National Guard troops was a “likely violation” of the Tenth Amendment, which reserves certain powers to the states.
The panel, which includes a judge appointed by Trump, and presidents George W. Bush and Barack Obama, also found that the Trump administration was “unlikely to succeed” in proving that there is a “rebellion” against the authority of the U.S. government or that the president is unable to execute the law with regular forces.
A temporary restraining order blocking the deployment of the Guard remains in effect through Oct. 23. U.S. District Judge April Perry has scheduled a hearing for Oct. 22 to determine whether to extend the temporary order.
As of last week, there were about 200 federalized National Guard troops from Texas and 14 from California currently in Illinois, according to a declaration from a U.S. Army official. Another 300 Guardsmen from Illinois have been mobilized by the president over the objections of Gov. JB Pritzker.
President Donald Trump has said Guard troops are needed for crime prevention in Chicago, which he has described as a “war zone.”
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