About a month ago, Trump v. Illinois looked like it was going to be one of the most consequential Supreme Court decisions of the entire Trump era. The case concerns President Donald Trump’s attempt to deploy National Guard troops to an immigration facility in Broadview, Illinois, in order to suppress a small protest that has ranged in size from a few dozen people to about 200.

After two lower courts ruled that Trump’s use of the National Guard in this way is illegal, Trump asked the Supreme Court — which has a Republican majority that frequently rules in his favor — to greenlight his use of troops in mid-October.

Yet, in a break from their ordinary practice, the Court signaled in an October 29 order that they are skeptical of many of Trump’s legal arguments. And they asked for additional briefing on a question that neither party raised to the justices. The first round of those new briefs were filed on November 10, and the Court is likely to rule on the case after briefing completes on Monday, November 17.

The upshot is that Trump’s attempt to send troops to Broadview remains blocked by the lower court orders, at least for now. The Court’s October 29 order, moreover, suggests that the justices may look to delay a showdown on whether and when Trump can use the military against Americans on US soil until a future case.

Key takeaways

• Trump wants the Supreme Court to give him sweeping authority to use the National Guard against political protesters on US soil.
• The Supreme Court, however, signaled that it may resolve this case in a surprising way — suggesting that Trump must first use regular military forces before relying on the National Guard.
• There are legal restrictions on Trump’s authority to use the regular military against Americans, but the impact of those restrictions will need to be determined in a future case.

For now, in other words, the stakes of the Illinois case may be somewhat diminished. But, even if the Court does rule against Trump, that will likely only punt the question of when Trump is allowed to deploy troops against Americans until a future date.

So what are the legal issues in Illinois?

Beginning in September, a small group of people have protested the Trump administration’s immigration policies outside of a detention facility in Broadview. According to Judge April Perry, a federal district judge who ruled against Trump’s use of troops, “the typical number of protestors is fewer than fifty,” and “the crowd has never exceeded 200.”

Some members of this small group of protesters have also been charged with crimes. Some allegedly vandalized federal law enforcement vehicles, and others have been arrested for more serious crimes such as aggravated battery.

When Illinois first reached the Supreme Court, the case seemed to turn on whether federal law permits using National Guard members against such a minor protest. Ordinarily, the National Guard is under the command and control of state........

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