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Supreme Court rules against Trump, bars National Guard deployment in Chicago

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Supreme Court rules against Trump, bars National Guard deployment in Chicago

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.”

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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.

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“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.”

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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.”

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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.

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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.

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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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Trump lists accomplishments, says ‘Radical Left Scum’ are ‘failing badly’ in Christmas message

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Trump lists accomplishments, says ‘Radical Left Scum’ are ‘failing badly’ in Christmas message

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President Donald Trump used his Christmas Eve Truth Social post to tout his administration’s accomplishments and to bash those on the left whom he accused of trying to “destroy” the U.S.

“Merry Christmas to all, including the radical left scum that is doing everything possible to destroy our country, but are failing badly,” Trump wrote on Truth Social. “We no longer have open borders, men in women’s sports, transgender for everyone, or weak law enforcement. What we do have is a record stock market and 401K’s, lowest crime numbers in decades, no inflation, and yesterday, a 4.3 GDP, two points better than expected.”

“Tariffs have given us trillions of dollars in growth and prosperity, and the strongest national security we have ever had. We are respected again, perhaps like never before. God Bless America!!!,” the president added.

In the first year of Trump’s second term, the administration launched a sweeping crackdown on illegal immigration, introduced controversial tariffs, worked to cut DEI from government programs and took steps toward fulfilling other campaign promises.

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TRUMP TAKES NORAD SANTA CALLS WITH CHILDREN, PRAISES ‘CLEAN, BEAUTIFUL COAL’ AND ‘HIGH IQ’ PERSON

President Donald Trump calls children as he participates in tracking Santa Claus’ movements with the North American Aerospace Defense Command (NORAD) Santa Tracker on Christmas Eve at the Mar-a-Lago resort on Dec. 24, 2025, in Palm Beach, Florida. This is the 70th year that NORAD has publicly tracked Santa’s sleigh on its global rounds. (Tasos Katopodis/Getty Images)

The Department of Homeland Security announced Wednesday that it had arrested 17,500 criminal illegal immigrants since Trump signed the Laken Riley Act in January 2025. In a separate DHS announcement, the department unveiled the “2025 Worst of the Worst Criminal Illegal Aliens,” saying that 70% of all ICE arrests are of illegal immigrants “convicted or charged with a crime in the U.S.”

DHS Secretary Kristi Noem said in a statement on the results of the Laken Riley Act that “President Trump has empowered us to arrest and remove the millions of violent criminal illegal aliens unleashed on the United States by the previous administration. Now, these criminals will face justice and be removed from our country.”

Trump’s Christmas Truth Social post on his administration’s accomplishments was also backed up by recent economic data. On Tuesday, the Bureau of Economic Analysis released its initial estimate of the third-quarter GDP, which showed the economy grew at an annualized rate of 4.3% in the three-month period including July, August and September.

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President Donald Trump pumps his fist at Christmas Eve dinner at his Mar-a-Lago club, Wednesday, Dec. 24, 2025, in Palm Beach, Fla.  (Alex Brandon/AP Photo)

OPINION: MELANIA TRUMP’S WHITE HOUSE CHRISTMAS IS A SHINING BEACON OF AMERICA

“Compared to the second quarter, the acceleration in real GDP in the third quarter reflected a smaller decrease in investment, an acceleration in consumer spending, and upturns in exports and government spending. Imports decreased less in the third quarter,” the BEA said.

While the president issued a cutting Christmas Eve statement on Truth Social, his official Christmas Day message was softer and more focused on the meaning of the holiday and the season.

In the statement, which was released by the White House on Thursday, Trump and first lady Melania Trump relayed their warm wishes to Americans while emphasizing the religious significance of Christmas.

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The Trump administration launched a new website celebrating Christmas and the federal government’s contributions to the U.S. stretching back decades.  (Alex Wong/Getty Images)

MELANIA TRUMP GIVES UPLIFTING MESSAGE ABOUT SANTA TO YOUNG KIDS AT HOSPITAL

“The First Lady and I send our warmest wishes to all Americans as we share in the joy of Christmas Day and celebrate the birth of our Lord and Savior, Jesus Christ,” the message reads.

Trump went on to recount the biblical story of Jesus’ birth in Bethlehem, calling it “the perfect expression of God’s boundless love and His desire to be close to His people.” The president then tied the story to the founding principles of the U.S.

“For nearly 250 years, the principles of faith, family, and freedom have remained at the center of our way of life. As President, I will never waver in defending the fundamental values that make America the greatest country in the history of the world—and we will always remain one Nation under God.”

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President Donald Trump and first lady Melania Trump participate in calls to U.S. service members, on Christmas Eve, from the Mar-a-Lago club in Palm Beach, Florida, Dec. 24, 2025. (Andrew Caballero-Reynolds/AFP via Getty Images)

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The president also paid homage to U.S. servicemembers who are overseas and are unable to be with their families for the holiday. Trump thanked them for their service and sacrifice and their dedication to protecting Americans.

“We are grateful for their devotion, and we keep them and their loved ones close in our hearts.”

Trump ended his official message with a prayer for peace in the U.S. and across the globe, extending Christmas wishes to Americans and the world.

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“During the Christmas season, we pray for an outpouring of God’s abiding love, divine mercy, and everlasting peace upon our country and the entire world,” he said.. “To every American, and to those celebrating around the globe, we wish you a very Merry Christmas!”

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The battle for control of Warner Bros.: A timeline of key developments

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The battle for control of Warner Bros.: A timeline of key developments

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Netflix and Paramount are locked in an epic tug-of-war for HBO and Warner Bros. — the historic film factory behind Batman, Harry Potter, Scooby-Doo, “Casablanca” and “The Matrix.”

Warner Bros. Discovery awarded the prize to Netflix, prompting Paramount to mount a hostile takeover bid valued at $108 billion for all of the Warner assets, which also include CNN, TBS, HGTV and TLC. The Larry Ellison-backed media company, run by his son David Ellison, has asked Warner shareholders to sell their shares to Paramount.

Warner Bros.’ sale has become the industry’s game of thrones.

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The streaming king, Netflix, hopes to buy a chunk of the company — HBO, HBO Max, Warner Bros. film and TV studios and the 110-acre lot in Burbank — through its $82.7-billion deal. Not included are Warner’s basic cable channels, which are set to be spun off into a separate, publicly-traded company called Discovery Global.

Both deals would fundamentally reorder Hollywood and raise antitrust concerns. Netflix would boast more than 400 million subscribers worldwide, furthering its market dominance. And Paramount’s takeover would combine two major film studios and two leading news organizations, CNN and CBS News, under Ellison family control.

Here’s a look at how we got here:

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Nearly 20 states sue HHS over declaration to restrict gender transition treatment for minors

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Nearly 20 states sue HHS over declaration to restrict gender transition treatment for minors

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A group of 19 Democrat-led states and Washington, D.C., filed a lawsuit against the Trump administration over a declaration that aims to restrict gender transition treatment for minors.

The lawsuit against the U.S. Department of Health and Human Services; its secretary, Robert F. Kennedy Jr.; and its inspector general comes after the declaration issued last week described treatments such as puberty blockers, hormone therapy and gender surgeries as unsafe and ineffective for children experiencing gender dysphoria.

The declaration also warned doctors they could be excluded from federal health programs, including Medicare and Medicaid, if they provide these treatments to minors.

The move seeks to build on President Donald Trump’s executive order in January calling on HHS to protect children from “chemical and surgical mutilation.”

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HHS UNLEASHES SWEEPING CRACKDOWN ON CHILD ‘SEX-REJECTING PROCEDURES,’ THREATENS HOSPITAL, MEDICAID FUNDING

The lawsuit was filed against the U.S. Department of Health and Human Services; its secretary, Robert F. Kennedy Jr.; and its inspector general. (Elizabeth Frantz/Reuters)

“We are taking six decisive actions guided by gold standard science and the week one executive order from President Trump to protect children from chemical and surgical mutilation,” Kennedy said during a press conference last week.

HHS has also proposed new rules designed to further block gender transition treatment for minors, although the lawsuit does not address the rules, which have yet to be finalized.

The states’ lawsuit, filed Tuesday in Eugene, Oregon, argues that the declaration is inaccurate and unlawful and urges the court to prevent it from being enforced.

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“Secretary Kennedy cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices,” New York Attorney General Letitia James, who led the lawsuit, said in a statement.

The lawsuit claims the declaration attempts to pressure providers into ending gender transition treatment for young people and circumvent legal requirements for policy changes. The complaint said federal law requires the public be given notice and an opportunity to comment before substantively amending health policy and that neither of these were done before the declaration was released.

HHS’ move seeks to build on President Donald Trump’s executive order in January calling on HHS to protect children from “chemical and surgical mutilation.” (Tom Brenner for The Washington Post via Getty Images)

The declaration based its conclusions on a peer-reviewed report that the department conducted earlier this year that called for more reliance on behavioral therapy rather than broad gender transition treatment for minors with gender dysphoria.

The report raised questions about standards for the treatment of transgender children issued by the World Professional Association for Transgender Health and brought concerns that youths may be too young to give consent to life-changing treatments that could result in future infertility.

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Major medical groups and physicians who treat transgender children have criticized the report as inaccurate.

HHS also announced last week two proposed federal rules — one to cut off federal Medicaid and Medicare funding from hospitals that offer gender transition treatment to children and another to block federal Medicaid money from being used for these procedures.

HOUSE APPROVES MTG-SPONSORED BILL TO CRIMINALIZE GENDER TRANSITION TREATMENT FOR MINORS

New York Attorney General Letitia James led the lawsuit against the Trump administration. (Michael M. Santiago/Getty Images)

The proposals have not yet been made final and are not legally binding because they must go through a lengthy rulemaking process and public comment before they can be enforced.

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Several major medical providers have already pulled back on gender transition treatment for youths since Trump returned to office, even those in Democrat-led states where the procedures are legal under state law.

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Medicaid programs in just under half of states currently cover gender transition treatment. At least 27 states have adopted laws restricting or banning the treatment, and the Supreme Court’s decision this year upholding Tennessee’s ban likely means other state laws will remain in place.

Democrat attorneys general from California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Wisconsin, Washington state and Washington, D.C., as well as Pennsylvania’s Democrat governor, joined James in the lawsuit.

The Associated Press contributed to this report.

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