You’ll likely recall that at the end of last year, the US Supremes ruled that Tangerine 2.0 cannot invade states, without consent — by using other states’ national guard forces — not, at least, under these circumstances. That is binding precedent — for LA, Portland and all other cities (except DC — a federal possession, and so, a special case). [And, that’s why the National Guard is not in Minneapolis.]
Now the Chicago class members who brought the suit want permanent relief — an order that the troops may never return, without an invitation from the Mayor and/or Governor. Here’s the overnight status of the discussions in the trial court — and the salient bits:
…The State of Illinois and the City of Chicago, based on the operative documents and the December 23, 2025 decision of the Supreme Court in this matter, consider defendants’ liability on Count I, the ultra vires claim for a violation of 10 U.S.C. § 12406, clear as a matter of law. As favorable resolution of that claim will afford the plaintiffs the declaratory and injunctive relief they seek in this action, plaintiffs intend to move for partial summary judgment as to liability on Count I. While defendants have stated the view that their planned motion to dismiss (discussed below) should be resolved prior to the summary judgment motion, a motion for summary judgment may be brought at this time. Fed. R. Civ. P. 56(b).
Plaintiffs (i.e., the people of Chicago) propose the following schedule for their partial summary judgment briefing: summary judgment motion and supporting papers due February 27; opposition papers due March 27; and reply papers due April 10, 2026….
[The Noemites / Bovino] Defendants continue to believe that the most efficient approach — one that would conserve party and judicial resources — is for the parties to settle this case without further litigation, Defendants understand that the parties are presently at an impasse in their discussions….
[The Noemites / Bovino] do not believe that summary judgment briefing on 10 U.S.C. § 12406(3) is the appropriate next step for two reasons. First, Defendants believe that this case is moot. It is undisputed that all Illinois National Guardsmen have been de-federalized and that there are no other Guardsmen from any other State deployed in Illinois….
So, dispositive motion briefs are up next, in the Dirksen Building before the able USDC Judge Perry. It is pure poppycock to suggest that just because Noem / Tangerine 2.0 tucked tail and ran, that the case is over. That never establishes mootness — he could come back… tomorrow, and the plaintiffs would be required to start all over.
What a wasteful bunch of putzes. Damn.
नमस्ते
As additional proof that the Powerline boys have forgotten that they were [for three decades, minimum] hard right civil libertarians / believers in free expression… Scott would tell us tonight that a public meeting hall is a place where free speech is (effectively) not allowed.
Don Lemmon will see it dismissed — and likely win his attorneys’ fees, from the weaponized Trump DoJ.
Powerline Lies... 