The ruling comes after 26 former governors — Republicans and Democrats alike — filed an amicus brief supporting the State of Illinois and the City of Chicago’s lawsuit challenging the President’s actions. The brief, organized by the Governors Action Alliance (GovAct) and Governors Safeguarding Democracy (GSD), urged the court to grant the TRO and defend the constitutional balance between state and federal authority.
Background on the Bipartisan Brief
A bipartisan coalition of 26 former governors filed an amicus brief in the U.S. District Court for the Northern District of Illinois in support of the State of Illinois and City of Chicago.
The brief warned that the Administration’s unilateral deployment of the National Guard over the governor’s objections “threatens to upend the constitutional balance of state and federal authority” and could “exacerbate tensions” by overriding local law enforcement.
“In amici’s experience, local law enforcement agencies are best equipped to respond to issues that arise in connection with local protests,” the governors wrote. “The hasty federalization and deployment of the National Guard without consultation and cooperation from Illinois authorities—while local and state law enforcement are successfully maintaining order—will only increase risk to civilians and officers alike.”
The signatories include former governors from both parties: Jerry Brown (CA-D); Steve Bullock (MT-D); Arne Carlson (MN-R); Mark Dayton (MN-D); Jim Doyle (WI-D); Parris Glendening (MD-D); Jennifer Granholm (MI-D); Bill Graves (KS-R); Christine Gregoire (WA-D); Jay Inslee (WA-D); Tony Knowles (AK-D); Gary Locke (WA-D); Terry McAuliffe (VA-D); Janet Napolitano (AZ-D); Martin O’Malley (MD-D); Deval Patrick (MA-D); Marc Racicot (MT-R); Bill Ritter Jr. (CO-D); Kathleen Sebelius (KS-D); Steve Sisolak (NV-D); Eliot Spitzer (NY-D); Ted Strickland (OH-D); Tom Vilsack (IA-D); Bill Weld (MA-R); Christine Todd Whitman (NJ-R); and Tom Wolf (PA-D).
ICYMI
The New York Times:
“Some bipartisanship still exists — with former governors.”
“More than two dozen of them filed a motion on Wednesday afternoon requesting permission to enter a legal brief objecting to the Texas Guard mobilization in Illinois. Among the Republicans were William Weld of Massachusetts, Bill Graves of Kansas, Arne Carlson of Minnesota, Marc Racicot of Montana and Christie Whitman of New Jersey.”
“The president’s assertion of authority to deploy military troops on domestic soil based on his unreviewable discretion, and without the cooperation and coordination of state authorities, threatens to upset the delicate balance of state and federal authority that underlies our constitutional order.”
Read more from The New York Times →
Capitol Fax:
“Republican governors, bipartisan group of former governors file dueling amicus briefs in Illinois v. Trump.”
Politico:
“Illinois has support: A group of GOP-led states filed an amicus brief Wednesday in the case: 26 former governors from both parties say they support state sovereignty.”
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About Governors Safeguarding Democracy (GSD) is a nonpartisan initiative of governors working together to uphold and fortify American democracy, supported by GovAct. Co-chaired by Governor JB Pritzker of Illinois and Governor Jared Polis of Colorado, GSD helps governors collaborate to strengthen democratic institutions, protect fundamental freedoms, and defend the rule of law.
About Governors Action Alliance (GovAct) is a nonprofit, nonpartisan initiative that helps governors work across state lines to champion fundamental freedoms and improve people’s lives. GovAct serves as a centralized platform for collaboration among governors’ offices—incubating, launching, and supporting alliances that address critical issues from democracy to public safety.