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Supreme Court Ruling Could Force Trump to Use Marines First [WATCH]

John Yoo discussed the implications of a Supreme Court ruling on the use of the National Guard, saying it changes how a president may enforce federal law using military resources.

“Initially, recently said, Look, I’m trying to enforce the laws with ICE agents, with federal law enforcement, and I can’t do it, so I need to call the National Guard, but the statute says the president has to be unable to enforce the law with regular forces,” Yoo said.

“What does regular forces mean? We don’t know. The Supreme Court has never decided that question before yesterday, the Supreme Court now says regular forces means you have to try with the regular Armed Forces first before you can bring out the National Guard.”

Yoo said the ruling could lead to the use of active-duty military units.

“So the unintended consequence here might be that the President is going to have to call the 82nd airborne or the Marines or the 101st Airborne Division, as for example, President Eisenhower did after Brown versus Board of Education in the south to enforce desegregation,” Yoo said.

Paratroopers march in the pass in review during the 82nd Airborne Division review on Thursday, May 22, 2025, on Fort Bragg.

“President Trump might have to do that first in order to protect those federal buildings, those ICE agents, and then, if they fail, he can then call out the National Guard.”

Kevin Corke addressed the political reaction from Illinois Gov. JB Pritzker.

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“Got it. JB Pritzker, the governor in the state of Illinois, is saying this today is a big win for Illinois and American democracy,” Corke said.

“This is an important step in curbing the Trump administration’s consistent abuse of power and slowing the Trump’s slowing Trump’s march toward authoritarianism.”

Corke characterized the response as political and questioned what happens next.

“That’s purely political,” Corke said.

“I think the President has obviously tried to work within the framework of the law, as his Legal Eagles have seen it 15 seconds or so, what happens from here? And I guess, I guess I answered my own question when I say, I’m not surprised by Pritzker’s response. And I guess you aren’t either.”

Yoo responded by addressing both the political rhetoric and the legal path forward.

“I’m not. He’s, of course, injecting a lot of heated political rhetoric into this,” Yoo said.

“But what’s going to happen? Trump will, of course, now have the right to go the Supreme Court on the full merits.”

Yoo said the ruling is preliminary and could be revisited.

“As you said, Kevin, this is just preliminary. He may be able to get the court, the full court, to reverse this preliminary decision,” Yoo said.

He then returned to what he described as the broader consequence of the ruling.

“But second, and I think more worrisome, is the Supreme Court is essentially inviting President Trump to send regular armed troops and deploy those to Chicago and Los Angeles before he can send the National Guard,” Yoo said.

“I think a governor would rather have National Guard troops than the 82nd airborne and the Marine Corps patrolling the streets of Chicago.”

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