Everyone should be glad that I’m not a Supreme Court Justice. Were I my opinion would be to deny the Trump Administration’s request to deploy the National Guard to protect the Broadview facility but accompany that with an order to the governor of Illinois to protect the facility, government property, and the facility’s occupants.
That’s within the courts powers-in-equity. It’s a decision that would make no one happy.
Looking a the videos, the ones from the local Fox station, it looks like the local and state police are there and dealing with the crowds.
Steve
From the Judge’s ruling it’s not implausible that a different standard could be applied to different areas. Most of the ongoing violence discussed involved the ICE processing center in the Village of Broadview. OTOH, the Judge’s “harm” concerns were primarily directed towards a population traumatized by a history of abuse by the Chicago PD:
“Chicago’s history of strained police-community relations, which has stemmed in part from lack of police training and inappropriate
uses of force, is well-documented. To add to this milieu militarized actors unfamiliar with local history and context whose goal is
“vigorous enforcement” of the law, is not in the community’s interest.”
I don’t find any of that persuasive, but it suggests a reason to treat the city differently than the rest of the state. But I don’t think an order for the Governor to protect the Broadview facility is necessary. The TRO is based upon the Judge’s finding that the State is ready, willing and able to keep the peace. If that is no longer the case, the federal government will move to lift the TRO, whether it is because the State Police have been withdrawn or there is another surge of violence.
It’s worth mentioning that to the best of my knowledge no one above the precinct level has ever received discipline of any kind following the most egregious of these incidents. IMO that’s an abrogation of responsibility.
The purpose of such an order would be to put the governor on notice that he is responsible for preserving order. At this point Chicago’s mayor and Illinois’s governor are both urging crowds on. Without such an order the governor’s obvious response is “Hoocoodanode?”