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Emergency application

Power to deploy National Guard

Donald J. Trump, President of the United States v. Illinois

Denied
No. 25A443Stay applicationFiled by the federal governmentPresented to Justice BarrettFrom United States Court of Appeals for the Seventh Circuit

What did the Court do?

The Court denied the request on December 23, 2025: the lower court's ruling stays in effect while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Alito, Justice Thomas, and Justice Gorsuch would have ruled the other way.

Filed Ruled 67 days after filing

What's being asked

The federal government asks the Supreme Court to pause the order blocking federalization and deployment of National Guard troops in Illinois. The government says President Trump lawfully called the Guard to protect federal personnel and property from violent threats; Illinois and Chicago challenge the call-up.

What the Court did

The Court refused emergency help, denying (turning down) the government's request to pause the order; it did not decide who wins. The Court read “regular forces” as likely meaning the U.S. military and said the government had not shown authority for law enforcement in Illinois. Justice Kavanaugh agreed with the result for different reasons; Justice Alito disagreed, with Justice Thomas signing onto Alito's written disagreement; Justice Gorsuch also disagreed.

  • Concurred in a separate opinion
  • Dissented
  • Wrote separately
  • Vote not published
Concurring · 1agreed with the result, wrote separately
  1. Kavanaughwrote a concurrence
Dissenting · 3recorded against the Court's order
  1. Thomasjoined Alito's writing
  2. Alitowrote a dissent
  3. Gorsuchwrote a dissent
Vote not published · 5the order does not say how they voted
  1. Roberts
  2. Sotomayor
  3. Kagan
  4. Barrett
  5. Jackson
The order records the positions of 4 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Half of 82 rulings on applications where the Court asked for a response came 10 to 26 days after filing, and the median was 17 days; this one was ruled on 67 days after filing.

What it means

This emergency ruling only addresses whether to pause the order; it does not decide who wins the underlying dispute. The case continues under the Seventh Circuit's order: Guard members may remain in federal service in Illinois, but cannot deploy there. No related case on the main question is listed, and no argument is set.

Separate writings

  • Justice Alito, joined by Justice Thomas, dissenting

    Read (PDF)
  • Justice Kavanaugh concurring

    Read (PDF)
  • Justice Gorsuch dissenting

    Read (PDF)
  • BK, dissenting

    Read (PDF)

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A443. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 8, 2026