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Confused by the legal battles over troop deployments? Here’s what to know
A member of the Texas National Guard stands at an army reserve training facility on October 07, 2025 in Elwood, Illinois.
Scott Olson/Getty Images North America
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Scott Olson/Getty Images North America
President Trump’s federalization and deployment of National Guard troops to both Oregon and Illinois are facing a pair of legal litmus tests — including one at the Supreme Court — that could be decided in the coming days.
At the heart of both challenges is whether or not to defer to the president’s assessment that major cities in both places — Portland and Chicago — are lawless and in need of immediate military intervention to protect federal property and immigration officers, despite local leaders and law enforcement saying otherwise. Both deployments were done against the wishes of Democratic state governors, and were quickly temporarily blocked by district courts.
On Monday, a divided panel on the 9th Circuit court of appeals overturned a temporary restraining order put in place by a federal judge in Portland, siding with the Trump administration, however another temporary restraining order remains in place.
That ruling came days after the 7th Circuit court of appeals upheld a similar block from a federal judge in Illinois on the deployment of National Guard troops to Chicago. The Trump administration has asked the Supreme Court to intervene.
Movement in both cases is expected in the coming days, in what has been a dizzying pingpong of legal disputes around Trump’s use of the military domestically in several Democratic-led cities around the country. And while any decision will only impact troop deployment in an individual state, they could impact how courts weigh in on such cases going forward — and embolden the administration, legal experts say.
“This could be a pretty seminal week in terms of the bigger legal fight over domestic deployments,” says Scott R. Anderson, a fellow at the non-partisan Brookings Institution and senior editor of Lawfare.
The 9th Circuit and Portland, Ore.
The 9th Circuit’s decision earlier this week only applies to one of the two temporary restraining orders that U.S. District Judge Karin Immergut issued this month to block the National Guard deployments — meaning that troops can still not be on the streets in Portland. But the federal government has asked Immergut to remove her second temporary order. A court hearing has been scheduled for Friday to discuss the dissolution of that order.
Karin J. Immergut, nominated to be U.S. district judge for the District of Oregon, attends a judicial nomination hearing held by the Senate Judiciary Committee October 24, 2018 in Washington, D.C.
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The 9th Circuit is also deciding whether or not to revisit the ruling made earlier this week with a larger group of judges — and that decision could come before Immergut’s deadline.
Trump has said that the 9th Circuit decision has made him feel empowered to send the National Guard to any city where he deems it necessary.
“That was the decision. I can send the National Guard if I see problems,” Trump told reporters Tuesday. In recent days, Trump has renewed an interest in sending troops to San Francisco.
Justin Levitt, a law professor at Loyola Marymount University Loyola Law School and an expert in constitutional law, worries the ruling by the 9th Circuit “authorized blindness to facts.”
“It said [Trump] can decide that there’s a war when there’s nothing but bluebirds,” he says, noting that’s likely why an immediate call for a full review was made. “I fully expect a larger group of 9th Circuit judges to say we don’t have to be blind to what’s actually going on in order to give ample deference to the Trump administration.”
The Supreme Court and Chicago
At the same time, the Trump administration has issued an emergency appeal to the Supreme Court on whether National Guard troops can be deployed in Illinois, after the 7th Circuit court of appeals upheld a district court’s block.
It’s unknown when, or if, the Supreme Court will issue a decision, although experts expect it in the coming days as well.
The decision, although not precedent-setting, will likely clarify the president’s power to deploy federal military resources — and how deferential the courts should be to his administration’s presentation of facts — but only to a point. Emergency decisions are usually short, without much reasoning provided by the justices, experts say.
“It ends up kind of putting the onus on district and appellate courts to read the tea leaves of those interim orders to inform these much larger questions in very different factual environments, you know, possibly months in the future,” says Chris Mirasola, a national security law professor at the University of Houston Law Center.
National Guard troops arrive at an immigration processing and detention facility on October 09, 2025 in Broadview, Illinois.
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He says that while the emergency decisions from the Supreme Court don’t apply broadly, in recent months, some judges have started to treat them as if they do.
“I think what we’re going to get in at least the medium term is even more confusion than we’ve had so far,” he says.
But just how the Supreme Court might weigh in isn’t clear.
“I think it’s a harder case for the Supreme Court than some people might think, who go in with the assumption the Supreme Court is just naturally inclined toward the administration’s positions on things — and it is in many contexts,” says Anderson of the Brookings Institution.
He says that while it’s standard for courts to be deferential to the president, it’s also standard to believe the facts presented by the local courts.
“That is a tricky, tricky sort of situation here,” Anderson says.
What could this mean for possible deployments going forward?
These two expected decisions will only directly affect Portland or Chicago. But the implications of both – especially something from the Supreme Court – could have ripple effects in future litigation.
Elizabeth Goitein, senior director of the Liberty and National Security Program at the Brennan Center for Justice, says that what’s particularly worrying is that the Department of Justice has been expressly celebrating high arrest counts by law enforcement in places like Chicago, while still saying the military is necessary to help.
“If the bar is so low that the President can use the military at a time when his administration is touting how effective civilian law enforcement is, it becomes hard to imagine a scenario where he couldn’t deploy the military,” she says.
Experts say that these legal challenges are just the beginning of what will surely be a long and winding road through the U.S. court system.
“This is really just the first battle. There are a lot of legal questions that come after this,” Anderson says.
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Here’s What the New Virginia House Map Looks Like
Virginians approved a new congressional map on Tuesday that would aggressively gerrymander the state in the Democrats’ favor, giving the party as many as four more U.S. House seats.
The new map draws eight safely Democratic districts and two competitive districts that lean Democratic, according to a New York Times analysis of 2024 presidential results. It leaves just one safe Republican seat, compared with the five seats the G.O.P. holds on the current map.
The proposed map was drawn by Democratic state legislators and approved by Gov. Abigail Spanberger, a Democrat. It eliminates three Republican-held seats in part by slicing the densely populated suburbs in Arlington and Fairfax Counties and reallocating their overwhelmingly Democratic voters into five congressional districts, some stretching more than a hundred miles into Republican areas.
Perhaps the most extreme new district is the Seventh, which begins at the Potomac River and stretches to the west and south in a manner that resembles a pair of lobster claws. Several well-known Virginia Democrats have already announced their candidacies and begun campaigning in the district.
Reid J. Epstein contributed reporting.
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Southern Poverty Law Center indicted on federal fraud charges
Acting Attorney General Todd Blanche speaks as FBI Director Kash Patel listens during a news conference at the Justice Department on Tuesday in Washington.
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WASHINGTON — The Southern Poverty Law Center was indicted Tuesday on federal fraud charges alleging it improperly raised millions of dollars to pay informants to infiltrate the Ku Klux Klan and other extremist groups, acting Attorney General Todd Blanche said.
The Justice Department alleges the civil rights group defrauded donors by using their money to fund the very extremism it claimed to be fighting, with payments of at least $3 million between 2014 and 2023 to people affiliated with the Ku Klux Klan, the United Klans of America, the National Socialist Party of America and other extremist groups.
“The SPLC was not dismantling these groups. It was instead manufacturing the extremism it purports to oppose by paying sources to stoke racial hatred,” Blanche said.
The civil rights group faces charges including wire fraud, bank fraud and conspiracy to commit money laundering in the case brought by the Justice Department in Alabama, where the organization is based.
The indictment came shortly after SPLC revealed the existence of a criminal investigation into its program to pay informants to infiltrate extremist groups and gather information on their activities. The group said the program was used to monitor threats of violence and the information was often shared with local and federal law enforcement.

SPLC CEO Bryan Fair said the organization “will vigorously defend ourselves, our staff, and our work.”
Blanche said the money was passed from the center through two different bank accounts before being loaded onto prepaid cards to give to the members of the extremist groups, which also included the National Socialist Movement and the Aryan Nations-affiliated Sadistic Souls Motorcycle Club. The group never disclosed to donors details of the informant program, he said.
“They’re required to under the laws associated with a nonprofit to have certain transparency and honesty in what they’re telling donors they’re going to spend money on and what their mission statement is and what they’re raising money doing,” he said.
The indictment includes details on at least nine unnamed informants were paid by the SPLC through a secret program that prosecutors say began in the 1980s. Within the SPLC, they were known as field sources or “the Fs,” according to the indictment. One informant was paid more than $1 million between 2014 and 2023 while affiliated with the neo-Nazi National Alliance, the indictment said. Another was the Imperial Wizard of the United Klans of America.
The SPLC said the program was kept quiet to protect the safety of informants.
“When we began working with informants, we were living in the shadow of the height of the Civil Rights Movement, which had seen bombings at churches, state-sponsored violence against demonstrators, and the murders of activists that went unanswered by the justice system,” Fair said. “There is no question that what we learned from informants saved lives.”
The center has been targeted by Republicans
The SPLC, which is based in Montgomery, Alabama, was founded in 1971 and used civil litigation to fight white supremacist groups. The nonprofit has become a popular target among Republicans who see it as overly leftist and partisan.
The investigation could add to concerns that Trump’s Republican administration is using the Justice Department to go after conservative opponents and his critics. It follows a number of other investigations into Trump foes that have raised questions about whether the law enforcement agency has been turned into a political weapon.
The SPLC has faced intense criticism from conservatives, who have accused it of unfairly maligning right-wing organizations as extremist groups because of their viewpoints. The center regularly condemns Trump’s rhetoric and policies around voting rights, immigration and other issues.
The center came under fresh scrutiny after the assassination last year of conservative activist Charlie Kirk brought renewed attention to its characterization of the group that Kirk founded and led. The center included a section on that group, Turning Point USA, in a report titled “The Year in Hate and Extremism 2024” that described the group as “A Case Study of the Hard Right in 2024.”
FBI Director Kash Patel said last year that the agency was severing its relationship with the center, which had long provided law enforcement with research on hate crime and domestic extremism. Patel said the center had been turned into a “partisan smear machine,” and he accused it of defaming “mainstream Americans” with its “hate map” that documents alleged anti-government and hate groups inside the United States.
House Republicans hosted a hearing centered on the SPLC in December, saying it coordinated efforts with President Joe Biden’s Democratic administration “to target Christian and conservative Americans and deprive them of their constitutional rights to free speech and free association.”
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Virginia Gov. Abigail Spanberger Stressed Pragmatism, But Politics Hound Her
On the night of her resounding win in last fall’s election for Virginia governor, Abigail Spanberger told her supporters that they had sent a message to the world. “Virginia,” she said in the opening lines of her victory speech, “chose pragmatism over partisanship.”
But even then it was clear that the first big issue of her term would be as partisan as it gets: a proposed amendment by her fellow Democrats to allow them to gerrymander the state’s 11 congressional districts.
The push to redraw the Virginia map was another salvo in a barrage of redistricting spurred by President Trump in a bid to keep Republicans in control of the House in this year’s midterm elections.
Virginians vote on Tuesday on whether to adopt the proposed map, and if the “Yes” vote wins, Democrats could end up with as many as 10 seats, up from the six they hold now. The redistricting battles of the last year would end up in something of a draw, with gains for Democrats in California and Virginia offsetting gains for Republicans in Texas, Missouri and North Carolina — unless Florida lawmakers decide in the coming weeks to draw a new, more Republican-friendly map.
Historically, redrawing of congressional maps has been done each decade after the U.S. census. But with Republicans holding such a slim majority in the House, Mr. Trump began by pressing Texas to redraw its maps, touching off the wave of gerrymandering
Virginia Democratic legislators rolled out their redistricting plan last October, setting in motion the state’s lengthy amendment process just as the campaign for governor was entering its final weeks. At the time, Ms. Spanberger expressed support for the plan, though she emphasized that its passage was up to the legislature and then to the voters.
But even if her formal role in the process was relatively minor — Ms. Spanberger signed the bill setting the date for the referendum — the politics of the effort has loomed over the first few months of her term. Her support for the amendment has drawn accusations of hypocrisy from the right and complaints from some on the left that she has not been outspoken enough in her advocacy.
“There’s always going to be somebody who wants me to do something differently,” the governor said in an interview on Saturday at a rally in support of the amendment outside a home in Northern Virginia. “I will always make someone unhappy, and I will always make someone happy.”
Ms. Spanberger, a former C.I.A. officer and three-term congresswoman, won a 15-point victory in 2025 after running on a campaign focused on pocketbook issues. Centrism has been her political brand since she was first elected to the House in 2018, flipping a district that had long leaned to the right.
Now Republicans campaigning against the amendment have made Ms. Spanberger a prime target, deriding her as “Governor Bait-and-Switch” and highlighting an interview in August 2025 in which she said she had “no plans to redistrict Virginia.”
“This was the perfect opportunity for her to show that she is the middle-of-the-road suburban mom that she portrayed herself as,” said Glen Sturtevant, a Republican state senator. He dismissed the notion that this was an effort that had been thrust upon her, pointing out that she had signed the bill setting the date for the referendum. “She is certainly an active participant in this whole process,” he said.
Republicans have eagerly highlighted recent polls suggesting that Ms. Spanberger’s honeymoon is over, though because governors in Virginia cannot serve two consecutive terms, public approval is less of a pressure point than it might be elsewhere. Some of her political adversaries have tied the drop in her ratings to her involvement in the campaign for the amendment.
But a number of factors are at play in those sagging poll numbers. Some on the right are irked by her support of standard Democratic priorities like gun control measures and limits to cooperation with federal immigration agents.
But some of the most vociferous criticism of her from Republicans, up to and including the president, has been for a host of proposed taxes and tax hikes in the legislature — on everything from dog grooming to dry cleaning — that she in fact had nothing do with. Most of those taxes, which were floated by various lawmakers, never even came up for a vote.
But Ms. Spanberger did not publicly hit back against these attacks until recent days, a delay that some Democrats say was costly.
“She let other people define her,” said Scott Surovell, the State Senate majority leader.
Mr. Surovell’s frustration echoed a growing discontent among Democrats about the governor’s recent moves. For all the Republican criticism of her, some operatives and lawmakers said, Ms. Spanberger has not been aggressive enough in pushing for Democratic priorities, redistricting among them.
This criticism broke out into the open in recent days, after the governor made scores of amendments to bills that had passed the General Assembly. Some lawmakers and Democratic allies accused her of unexpectedly diluting long-sought goals like expanded public sector unions and a legal retail marketplace for cannabis.
“Our party base is looking for us to stand up and fight and advocate and deliver,” said Mr. Surovell, who represents a solidly Democratic district in Northern Virginia. “It’s hard to deliver when you’re standing in the middle of the road.”
In the interview, Ms. Spanberger insisted that she supported the purpose of many of the bills but had to make amendments to ensure that her administration could implement them.
And she said she had been explicit in her support of the redistricting effort, appearing in statewide TV ads encouraging people to vote “Yes” even as an anti-amendment campaign has sent out mailers suggesting that the governor opposes the effort.
But she said she had never been in a position to barnstorm the state as Gov. Gavin Newsom did in the months leading up to the redistricting referendum that passed in California. Mr. Newsom is a second-term governor in a much bluer state, she said, while she only recently took office and has been “in the crush of their legislative session,” with hundreds of bills to read and examine in a short period.
“Those who may not be focused on the governing and only on the politics, they’re going to want me to do politics 100 percent of the time,” she said. “And for people who care about the governing and not the politics, they’re going to want me to do governing 100 percent of the time.”
Her preference, as she has often made apparent, is for the governing over the politicking. But she acknowledged that it is all part of the job.
Asked if she lamented that the highest-profile issue of her term so far was such a polarizing matter, rather than the cost-of-living policies she emphasized on the campaign trail, she said: “Any person in elected office wants to talk about the thing they want to talk about all the time, and that’s it. So I won’t say ‘No’ to that question.”
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