The justices declined the Republican administration’s emergency request to overturn a ruling by U.S. District Judge April Perry that had blocked the deployment of troops. An appeals court also had refused to step in. The Supreme Court took more than two months to act.
Three justices, Samuel Alito, Clarence Thomas and Neil Gorsuch, publicly dissented.
The high court order is not a final ruling but it could affect other lawsuits challenging President Donald Trump’s attempts to deploy the military in other Democratic-led cities.
The outcome is a rare Supreme Court setback for Trump, who had won repeated victories in emergency appeals since he took office again in January.
The administration had initially sought the order to allow the deployment of troops from Illinois and Texas, but the Texas contingent of about 200 National Guard troops was later sent home from Chicago.
The Trump administration has argued that the troops are needed “to protect federal personnel and property from violent resistance against the enforcement of federal immigration laws.”
But Perry wrote that she found no substantial evidence that a “danger of rebellion” is brewing in Illinois and no reason to believe the protests there had gotten in the way of Trump’s immigration crackdown.
Perry had initially blocked the deployment for two weeks. But in October, she extended the order indefinitely while the Supreme Court reviewed the case.
