Politics
Inside an Arizona abortion clinic: Uncertainty looms and optimism reigns
When Anna first read about the Arizona Supreme Court reinstating an 1864 law banning all abortions except when a mother’s life is at risk, she sent the article to her partner with an angry text.
“I was like, ‘God, this makes me so mad,’” she said.
She also decided to take a pregnancy test, just in case. Her period was a few days late, which she figured was because of her new birth control pills.
“I just want to make sure before anything goes into effect,” said Anna, 24, who declined to give her last name. “Thank God I did.”
Days later, she found herself at Camelback Family Planning, discussing her options for an abortion.
The April 9 ruling set off a political hurricane, with both President Biden and former President Trump weighing in and Arizona’s Legislature devolving into chaos over whether to repeal the ban before it goes into effect June 8. But at a Phoenix abortion clinic, in the eye of the debate, it has been business as usual.
On Wednesday, Dr. Barbara Zipkin breezed into an examination room carrying Scooter, her emotional support dog. Although she lives in Sherman Oaks, Zipkin flies to Arizona most weeks, staying at her sister’s house while working three to five days at the Camelback clinic.
With her support dog Scooter staying in his bed, Dr. Barbara Zipkin rushes to an exam room at Camelback Family Planning on April 18, 2024, in Phoenix. The clinic will have to cease performing abortions on June 8 if the 1864 law banning abortions isn’t delayed of overturned.
The doctor, who said she is “somewhere between 40 and death,” recalls the moment in 1973 when Roe vs. Wade took effect: She was on a plane returning to medical school, and she thought, “This is what I’m going to do.” She worked for years as an OB-GYN in Los Angeles, specializing in genetics and performing a lot of second trimester abortions.
“But there are enough providers in L.A.,” she said. “Arizona is unique.”
In the exam room, Zipkin walked Anna through her options — a medication abortion, which the patient had previously experienced with a difficult recovery, or a surgical procedure. Then Zipkin recited a state-mandated “silly consent” form, adding her own caveats to each point.
“Consent says the state of Arizona wants you to believe that there are alternatives to abortion. Well, that’s all well and good, but it’s not really true, because when you’re in this position, you really only have two options. One is carry it and the other is don’t carry it,” Zipkin said. “Adoption and all that — that comes after. You’re either carrying this or you’re not, and it still affects you.”
Anna said she’d always paid attention to the national conversation around abortion, as a woman and especially as an Arizonan. Anna said she had started taking birth control pills within a week of getting pregnant. As a 24-year-old who lives with roommates, she doesn’t consider herself financially able to care for a child.
Dr. Barbara Zipkin performs an ultrasound on a 25-year-old patient who didn’t want her name or face shown at Camelback Family Planning on April 18. The patient thought the Arizona 1864 law banning abortion had already taken effect and was planning on going to California for an abortion but she learned that the clinic in Phoenix was still open and performing abortions. “It makes me sad to think that women in the future may not be to have the choice to come here if that law goes into effect,” she said.
“It’s just not the situation I want for myself, or my children in the future. I want a two-parent household in a stable home, or a stable situation,” Anna said. “I just don’t know that I’m in that right now.”
After her 10-minute consultation with Zipkin, Anna scheduled an appointment for the following week, when she would decide whether to have a medication or surgical abortion.
After answering Anna’s questions, Zipkin offered her last bit of guidance: “Before I forget, because I have the attention span of a gnat — vote!”
Abortion is likely to top voters’ concerns in Arizona, where state legislators have yet to vote on a proposed bill repealing the ban.
In the sunny plaza between the two state Capitol chambers, protesters on both sides of the debate milled about Wednesday, some wearing bright orange T-shirts in support of Arizona for Abortion Access, and others in shirts depicting baby’s feet and proclaiming “Choose life.”
Uncertainty at the clinic
Back at the Camelback clinic, staff members gathered in the break room, decorated with posters and handmade thank you cards, including one with a uterus drawn in place of a “Y.” They discussed what could happen after June 8, and the clinic’s founder, Dr. Gabrielle Goodrick, sought to provide clarity.
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1. A Thank You card hangs on the refrigerator in the beak room at Camelback Family Planning on April 17, 2024 in Phoenix, Arizona. The clinic will have to cease performing abortions on June 8 if the 1864 law banning abortions isn’t delayed or overturned. 2. A Thank You cards hang on a cupboard at Camelback Family Planning on April 18, 2024 in Phoenix, Arizona. The clinic will have to cease performing abortions on June 8 if the 1864 law banning abortions isn’t delayed or overturned. 3. Information on a no-cost abortion clinic in San Francisco hangs on the glass at the reception area at Camelback Family Planning on April 18, 2024 in Phoenix, Arizona. The clinic will have to cease performing abortions on June 8 if the 1864 law banning abortions isn’t delayed or overturned.
She’s hopeful that a constitutional amendment guaranteeing abortion access will be on the November ballot — activists with Arizona for Abortion Access say they have gathered enough signatures.
“People were pretty nervous and stressed that they’re not going to have a job until November,” Goodrick said.
For a clinic rocked by Supreme Court decisions, it has become adept at weathering changes, Goodrick said. A ruling comes down, the staff adjusts its routines and schedules and continues to provide abortions with new limitations, which sometimes includes referring patients to clinics in California or Nevada.
The constant fluctuations have had their toll, though. The clinic, which Goodrick opened in 1999, usually averages about 350 patients a month. That total dropped in 2022 amid patient confusion over what would happen in the wake of Roe vs. Wade being overturned. Her small staff of 12 shrank to six, Goodrick said, as workers grew tired “from the stress of just not knowing.”
The doctor and her staff had just gotten into the swing of their new routine when the state Supreme Court ruling came down.
Dr. Barbara Zipkin, right, consults with a co-worker over ultrasound results at Camelback Family Planning . The clinic will have to cease performing abortions on June 8 if enforcement of the 1864 law banning abortions isn’t delayed or overturned.
“The patients are more anxious,” Goodrick said. “It causes what the Republicans want, which is mayhem.”
But this time, she hopes, will be different.
“We just have to get to Nov. 25,” Goodrick said, referring to the date that a constitutional amendment, if approved, would take effect.
Confident that the political fight will turn in her favor, Goodrick has opened the clinic’s doors to media from around the globe, who’ve descended on Arizona to chronicle the latest front in a nationwide battle over abortion.
Nurses wearing “abortion is healthcare” T-shirts moved deftly around the journalists, whom they’ve grown accustomed to filling their workplace recently. On their lunch break, the staff crowded into the break room, bickering over Supreme Court justices.
“Which one’s worse — [Clarence] Thomas or [Samuel] Alito?” one asked.
Sitting at a folding table laden with snacks, Dr. Jessica Holmes peered at the clinic’s schedule on her laptop.
Nurses carry charts to exam rooms past thank you cards tacked to cupboards and artwork of a uterus hanging on a clothesline at Camelback Family Planning.
“Are you doing through June, or only the first eight days?” Holmes asked.
“No, we’ll go through June,” Goodrick answered briskly.
Opposing forces of optimism
Standing on the sidewalk a few yards from the clinic door, antiabortion activists were similarly optimistic about the future of Arizona’s abortion law.
“We accept it as a victory and we’re very excited,” said Matt Engelthaler, 49, who has protested abortions since he was a teenager, when he first joined his parents to pray outside clinics. “But we also realize that changing laws isn’t what’s gonna do anything, it’s just changing hearts. That’s what we pray for.”
Engelthaler fingered rosary beads as he held a sign that said, “Choose life.” A Catholic, he said he prayed the rosary “for the moms, dads and the babies,” and another prayer for the abortion clinic workers, “that they can understand the travesty of what they’re doing and turn away from it.”
A passing car honked, and the driver stuck his middle finger in the air at the protesters.
“People just don’t know how to do the peace sign correctly,” Engelthaler said with a laugh.
A few minutes later, another car honked and the driver gave a thumbs up.
By the clinic door, three volunteers wearing bright, rainbow-colored vests escorted patients from their cars into the clinic, blocking their view of the sidewalk protesters with large, rainbow umbrellas. Michael Buble played on a nearby speaker, ready to drown out any protester’s megaphone.
“When they go loud, we go louder,” said one escort, who declined to give her name. She said her group of volunteers would continue serving at the clinic until they’re told to stop.
One of the patients, a 26-year-old from Phoenix, said the escorts’ music lifted her spirits on an otherwise bleak day. She took Scooter into her arms and, stroking the dog’s back, told the doctor that she found out she was pregnant two days after the state Supreme Court decision.
A 26-year-old patient from Phoenix strokes support dog Scooter in an exam room as Dr. Barbara Zipkin discusses her options for an abortion. The patient found out she was pregnant two days after the Arizona Supreme Court reinstated an 1864 law banning abortion.
“It has just been draining, in that sense of like, wow — this would happen this week,” the patient said.
She said that as Christians, her family vehemently opposes abortion and would support her if she decided to have a baby. The woman said she and her partner decided to keep the abortion private.
“It’s definitely confusing and emotional, considering, like, my upbringing,” she said. But referring to the escorts outside who welcomed her, she added, “it’s also encouraging, in a sense, because you do feel this community.”
Politics
Families reeling, businesses suffering six months after ICE raided Ventura cannabis farms
OXNARD — A father who has become the sole caretaker for his two young children after his wife was deported. A school district seeing absenteeism similar to what it experienced during the pandemic. Businesses struggling because customers are scared to go outside.
These are just a sampling of how this part of Ventura County is reckoning with the aftermath of federal immigration raids on Glass House cannabis farms six months ago, when hundreds of workers were detained and families split apart. In some instances, there is still uncertainty about what happened to minors left behind after one or both parents were deported. Now, while Latino households gather for the holidays, businesses and restaurants are largely quiet as anxiety about more Immigration and Customs Enforcement raids lingers.
“There’s a lot of fear that the community is living,” said Alicia Flores, executive director of La Hermandad Hank Lacayo Youth and Family Center. This time of year, clients usually ask her about her holiday plans, but now no one asks. Families are divided by the U.S. border or have loved ones in immigration detainment. “They were ready for Christmas, to make tamales, to make pozole, to make something and celebrate with the family. And now, nothing.”
At the time, the immigration raids on Glass House Farms in Camarillo and Carpinteria were some of the largest of their kind nationwide, resulting in chaotic scenes, confusion and violence. At least 361 undocumented immigrants were detained, many of them third-party contractors for Glass House. One of those contractors, Jaime Alanis Garcia, died after he fell from a greenhouse rooftop in the July 10 raid.
Jacqueline Rodriguez, in mirror, works on a customer’s hair as Silvia Lopez, left, owner of Divine Hair Design, waits for customers in downtown Oxnard on Dec. 19, 2025.
(Genaro Molina/Los Angeles Times)
The raids catalyzed mass protests along the Central Coast and sent a chill through Oxnard, a tight-knit community where many families work in the surrounding fields and live in multigenerational homes far more modest than many on the Ventura coast. It also reignited fears about how farmworker communities — often among the most low-paid and vulnerable parts of the labor pool — would be targeted during the Trump administration’s intense deportation campaign.
In California, undocumented workers represent nearly 60% of the agricultural workforce, and many of them live in mixed-immigration-status households or households where none are citizens, said Ana Padilla, executive director of the UC Merced Community and Labor Center. After the Glass House raid, Padilla and UC Merced associate professor Edward Flores identified economic trends similar to the Great Recession, when private-sector jobs fell. Although undocumented workers contribute to state and federal taxes, they don’t qualify for unemployment benefits that could lessen the blow of job loss after a family member gets detained.
“These are households that have been more affected by the economic consequences than any other group,” Padilla said. She added that California should consider distributing “replacement funds” for workers and families that have lost income because of immigration enforcement activity.
An Oxnard store owner who sells quinceañera and baptism dresses — and who asked that her name not be used — says she has lost 60% of her business since the immigrant raids this year at Glass House farms.
(Genaro Molina/Los Angeles Times)
Local businesses are feeling the effects as well. Silvia Lopez, who has run Divine Hair Design in downtown Oxnard for 16 years, said she’s lost as much as 75% of business after the July raid. The salon usually saw 40 clients a day, she said, but on the day after the raid, it had only two clients — and four stylists who were stunned. Already, she said, other salon owners have had to close, and she cut back her own hours to help her remaining stylists make enough each month.
“Everything changed for everyone,” she said.
In another part of town, a store owner who sells quinceañera and baptism dresses said her sales have dropped by 60% every month since August, and clients have postponed shopping. A car shop owner, who declined to be identified because he fears government retribution, said he supported President Trump because of his campaign pledge to help small-business owners like himself. But federal loans have been difficult to access, he said, and he feels betrayed by the president’s deportation campaign that has targeted communities such as Oxnard.
“There’s a lot of fear that the community is living,” said Alicia Flores, executive director of La Hermandad Hank Lacayo Youth and Family Center in downtown Oxnard, on Dec. 19, 2025.
(Genaro Molina/Los Angeles Times)
“Glass House had a big impact,” he said. “It made people realize, ‘Oh s—, they’re hitting us hard.’ ”
The raid’s domino effect has raised concerns about the welfare of children in affected households. Immigration enforcement actions can have detrimental effects on young children, according to the American Immigration Council, and they can be at risk of experiencing severe psychological distress.
Olivia Lopez, a community organizer at Central Coast Alliance United for a Sustainable Economy, highlighted the predicament of one father. He became the sole caretaker of his infant and 4-year-old son after his wife was deported, and can’t afford child care. He is considering sending the children across the border to his wife in Mexico, who misses her kids.
In a separate situation, Lopez said, an 18-year-old has been suddenly thrust into caring for two siblings after her mother, a single parent, was deported.
Additionally, she said she has heard stories of children left behind, including a 16-year-old who does not want to leave the U.S. and reunite with her mother who was deported after the Glass House raid. She said she suspects that at least 50 families — and as many as 100 children — lost both or their only parent in the raid.
“I have questions after hearing all the stories: Where are the children, in cases where two parents, those responsible for the children, were deported? Where are those children?” she said. “How did we get to this point?”
Robin Godfrey, public information officer for the Ventura County Human Services Agency, which is responsible for overseeing child welfare in the county, said she could not answer specific questions about whether the agency has become aware of minors left behind after parents were detained.
“Federal and state laws prevent us from confirming or denying if children from Glass House Farms families came into the child welfare system,” she said in a statement.
The raid has been jarring in the Oxnard School District, which was closed for summer vacation but reopened on July 10 to contact families and ensure their well-being, Supt. Ana DeGenna said. Her staff called all 13,000 families in the district to ask whether they needed resources and whether they wanted access to virtual classes for the upcoming school year.
Even before the July 10 raid, DeGenna and her staff were preparing. In January, after Trump was inaugurated, the district sped up installing doorbells at every school site in case immigration agents attempted to enter. They referred families to organizations that would help them draft affidavits so their U.S.-born children could have legal guardians, in case the parents were deported. They asked parents to submit not just one or two, but as many as 10 emergency contacts in case they don’t show up to pick up their children.
Rodrigo is considering moving back to Mexico after living in the U.S. for 42 years.
(Genaro Molina/Los Angeles Times)
With a district that is 92% Latino, she said, nearly everyone is fearful, whether they are directly or indirectly affected, regardless if they have citizenship. Some families have self-deported, leaving the country, while children have changed households to continue their schooling. Nearly every morning, as raids continue in the region, she fields calls about sightings of ICE vehicles near schools. When that happens, she said, she knows attendance will be depressed to near COVID-19 levels for those surrounding schools, with parents afraid to send their children back to the classroom.
But unlike the pandemic, there is no relief in knowing they’ve experienced the worst, such as the Glass House raid, which saw hundreds of families affected in just a day, she said. The need for mental health counselors and support has only grown.
“We have to be there to protect them and take care of them, but we have to acknowledge it’s a reality they’re living through,” she said. “We can’t stop the learning, we can’t stop the education, because we also know that is the most important thing that’s going to help them in the future to potentially avoid being victimized in any way.”
Jasmine Cruz, 21, launched a GoFundMe page after her father was taken during the Glass House raid. He remains in detention in Arizona, and the family hired an immigration attorney in hopes of getting him released.
Each month, she said, it gets harder to pay off their rent and utility bills. She managed to raise about $2,700 through GoFundMe, which didn’t fully cover a month of rent. Her mother is considering moving the family back to Mexico if her father is deported, Cruz said.
“I tried telling my mom we should stay here,” she said. “But she said it’s too much for us without our dad.”
Many of the families torn apart by the Glass House raid did not have plans in place, said Lopez, the community organizer, and some families were resistant because they believed they wouldn’t be affected. But after the raid, she received calls from several families who wanted to know whether they could get family affidavit forms notarized. One notary, she said, spent 10 hours working with families for free, including some former Glass House workers who evaded the raid.
“The way I always explain it is, look, everything that is being done by this government agency, you can’t control,” she said. “But what you can control is having peace of mind knowing you did something to protect your children and you didn’t leave them unprotected.”
For many undocumented immigrants, the choices are few.
Rodrigo, who is undocumented and worries about ICE reprisals, has made his living with his guitar, which he has been playing since he was 17.
While taking a break outside a downtown Oxnard restaurant, he looked tired, wiping his forehead after serenading a pair, a couple and a group at a Mexican restaurant. He has been in the U.S. for 42 years, but since the summer raid, business has been slow. Now, people no longer want to hire for house parties.
The 77-year-old said he wants to retire but has to continue working. But he fears getting picked up at random, based on how abusive agents have been. He’s thinking about the new year, and returning to Mexico on his own accord.
“Before they take away my guitar,” he said, “I better go.”
Politics
Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests
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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.
The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.
The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.
The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.
PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS
The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)
Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.
But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.
“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.
Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.
The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.
Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)
Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.
The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.
“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.
The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”
ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES
Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)
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Raoul and his staff are reviewing the DOJ’s complaint.
“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”
The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.
The Associated Press contributed to this report.
Politics
Supreme Court rules against Trump, bars National Guard deployment in Chicago
WASHINGTON — The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.
Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.
The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.
In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.
The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”
That phrase turned out to be crucial.
Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.
“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.
That standard will rarely be met, the court added.
“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.
Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.
Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.
Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.
Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”
California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.
“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”
The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.
But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.
Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”
The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.
Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.
By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.
Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.
“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.
Illinois state lawyers disputed the administration’s account.
“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.
The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”
But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”
Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.
A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.
His brief prompted the court to ask both sides to explain their view of the disputed provision.
Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.
If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.
State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.
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