UPDATE: I now have a copy of the actual order (thank you, Brian Brooks!) And while this is a stay, it also indicates that 6 of the 9 justices don’t think that Trump is meeting the burden of proving that he is ” “unable” with the regular military “to execute the laws of the United States.”
In other words, this is pretty darned big! It also suggests that the Supremes agree with the lower courts, although the case still has to make it’s way up to them for an actual deliberation and ruling on the merits.
Original post:
An example of how the media says it wrong (they declined to undo the stay, they didn’t actually say on the merits that he can’t) but an outstanding result nonetheless! It was a full court decision, 6 to 3, Thomas, Alito, and Gorsuch dissenting. 
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10 comments
Christopher Burns
They said Tik Tok was banned…… didn’t happen tho
Brian Brooks
Rulings like this one today are the most maddening ones. It seems quite clear that 6 Justices hold Posse Comitatus disallows the Guard to deploy to Illinois in this instance (because 10USC12406(3) means regular forces and regular forces aren’t authorized to perform this function) and the claim about “inherent constitutional authority” re 10USC12406(3) isn’t persuasive. At the same time they *merely* deny to lift the stay.
Cindy Coffey
The media does this all the time and as a non-legal background person it drives me nuts! And confuses the hell out of me.
Shelley Winkler
Yes, very important distinction.
Brian Burkhardt
It’s so nice they ruled this after so many people got hurt
Patricia Lock
Of course they dissented.
Karen Lynn Langford
Wish they could just say it for ALL cities and states.
Jeannie Leahy
Gee, I’m stunned at who’s dissenting — NOT!
Brian Hurd
Has Alito, Thomas or Gorsuch ever gone against the Trump administration?
Erin Gladden Matthews
Is the Supreme Court FINALLY starting to grow a spine and stand up to him?
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