The Supreme Court on Wednesday took the rare step of asking for additional briefing in a high-profile, emergency case challenging President Donald Trump’s deployment of the National Guard to Chicago, questioning whether those troops can be used under the federal law at issue to augment immigration officials.
A federal court earlier this month blocked the deployment, and in a signal that the Supreme Court isn’t in a hurry to rule, the justices indicated they won’t decide the case until at least November 17.
The new question may be a bad sign for Trump, whose lawyers argued that under an 1827 precedent, courts don’t have jurisdiction to review a president’s decision to call up the guard. Instead, the justices appear to be debating one of the administration’s more nuanced justifications for the deployment.
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