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An Open Letter

To: Sen. Alsobrooks, Sen. Van Hollen, Rep. Hoyer

From: A constituent in North Beach, MD

October 17, 2025

On October 16, 2025, the 7th U.S. Circuit Court of Appeals unanimously ruled that former President Trump’s attempt to deploy the National Guard into Illinois was unconstitutional and unsupported by fact. The court—Senior Judges Ilana Rovner (G.H.W. Bush), David Hamilton (Obama), and Amy St. Eve (Trump)—found that the administration’s claim of a “rebellion” was baseless. As the ruling clearly states: “The critical analysis of a ‘rebellion’ centers on the nature of the resistance to governmental authority. Political opposition is not rebellion.” The judges continued: “A protest does not become a rebellion merely because protestors advocate for legal or policy changes, are well organized, or even use civil disobedience… Nor does a protest become a rebellion merely because of sporadic and isolated incidents of unlawful activity.” This 18-page decision reaffirms that the National Guard reports to the governor, not the president, under Title 32—and that Title 10 cannot be used to override state authority without a verified, organized insurrection. I urge you to: 1. Publicly endorse the 7th Circuit’s decision and its constitutional reasoning. 2. Introduce or support legislation reaffirming that Guard deployments within state borders require a governor’s consent except in a true national emergency. 3. Hold oversight hearings on any federal efforts to circumvent state control of the Guard. No president—of any party—should have unchecked power to militarize American streets or silence dissent. Please stand with the courts, with the Constitution, and with the people of our state.

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