>> Hello and thanks for joining us on Chicago tonight.

I'm Brandis Friedman.

Here's what we're looking at.

>> Illegal deployment of the National Guard in our city.

Do nothing to keep our young people safe.

>> President Trump's National Guard deployment in Illinois hit a legal roadblock.

Health care is human life.

And the new leader Planned Parenthood, Illinois, on the impact of federal threat.

Some local reproductive care.

>> First off tonight, claims of imminent danger facing immigration agents are not reliable.

So says U.S.

District Court Judge April Perry who just moved to partially grant an emergency request to block the Trump administration from deploying National Guard troops in Illinois.

Perry explained her decision from the bench and said she will issue a full written opinion tomorrow.

The move is just the latest in a series of legal fights across the country in September, a judge blocked deployments to Los Angeles.

And earlier this week, another court halted deployments to Portland.

Joining us to discuss more are.

Harold Krantz while professor at the Chicago Kids College of Law.

And via Zoom, Brandon Smith partner at Holtzman, Vogel, a national law firm that focuses on government business and advocacy.

He's also former chief of staff to the Tennessee attorney general and has worked for the governors of Kentucky and Kansas.

Gentlemen, thanks to both for joining us.

So this is happening late.

All of us are just getting this information about this ruling, partial ruling that we're getting from the federal Judge April Herald first, what is your reaction to this temporary injunction in the National Guard deployment?

I think it's a victory for the people of Chicago and the judge.

>> Listen to the evidence.

And this is really a factual question about whether there is an assault.

>> On federal troops on ice in Chicago or whether or not there is the ordinary law enforcement can protect federal buildings on tallies.

And she said that the evidence was unpersuasive was kind of made up, that there is no, there's no showing that there's an inability of Chicago law enforcement to protect.

I will building Zahn and ICE and until she sees that support, that there's no reason to federalize the troops and there's no lawfulness in federal election, the troops.

And so she made her opinion quite clear.

Brandon Smith, some question to you.

>> Yeah, I mean, we were all just now reading the opinion from Judge Perry as it's coming out late this afternoon.

But the reality is that over 200 years, the United States Supreme Court various courts of appeal have largely given discretion to the executive branch to determine when so circumstances were sufficiently dangerous and and justifying the use of the National Guard and the sort of the point.

>> Also under the Title, 10 section one to 406, of the U.S.

code.

The president can deploy the National Guard in response to a foreign invasion, a rebellion or to enforce federal laws.

Judge Perry is casting doubt on the Department of Homeland Security's assessment of protests in Chicago arguing that they have not been severe enough to warrant title 10 deployments.

What do you make of that argument?

>> Well, it's an interesting approach that the judge is taking here because she doesn't have much discretion to make that call on her own.

In fact, of the constitutional structure the president is operating, what will be called the apex of his executive or commander-in-chief authority.

Judge Perry decision largely seems to rest as what we can tell so far on how her lack of seeing credibility and the claims that the situation on the ground is dangerous.

But it's not her decision.

At the end of the day, the president has been invested with that authority under the Constitution and statutes and that has been a president that's been upheld for hundreds of years.

It's hard to how this decision gets up, how that's when it's inevitably appealed.

>> Harold, to that point, the judge or excuse me, the attorney for the Justice Department said in court today that the president is an reviewable.

Yeah, of course to president does have discretion.

It's import to give deference to the president, making a >> decision on on the ground about what kind of danger raises the rebellion.

Is there a lack of the ability of Chicago law enforcement to keep federal buildings and personnel safe?

But it's not application.

And what I think that the judge is saying even though I'm gonna give great deal of deference to the president, I'm not going to abdicate all responsibility a look at the evidence, give deference, but make sure there's at least a core of credible evidence showing that there's an need to take this drastic step of federalization of the National Guard to appoint an would would conditions in Chicago have to devolve in order for Trump to legally justify the National Guard troops.

Owner denies of this judgment part of the problem is that the president just a week ago was talking about law enforcement.

How awful Chicago is.

>> And so this is setting up a stage for the fact that this seems to be a subterfuge.

seems that president is making up this information.

So I think the judge was skeptical because of what the president had said before.

And if there is credible evidence, you know, we know about broad view, but if it's worse than broad view and it's just a systemic, it's up to the government to present that evidence before her.

And then I think she should defer to the president's judgment at that time.

But she said evidence just simply isn't there yet.

Stranded.

Same question to you.

>> Yeah, I agree that the evidence is what's going to turn this case one direction or another.

I just think that in this case, Judge Perry seems to be substitute her own judgment to not really grand discretion, but the fight to protect sure reason to deny the government's decision to deploy National Guard troops in Chicago.

There's clearly been issues and trying to enforce our nation's immigration laws and Chicago and elsewhere across the country and the judges don't get to decide when that's enough for the president to use his lawful authority.

politics of it can be bad.

The policy could be disagreeable and we can always debate that.

But the Constitution and the statutes here pretty clear and clearly side with the president having this broad authority.

>> Brandon, in today's hearing, Judge Perry pressed to Trump attorney on the scope of the guard deployment.

The Trump attorney described guard presence as a quote, limited mission to protect federal agents and property stopping short that with guaranteeing actions would remain within those boundaries.

Is the Trump administration are they are the guard troops are the required to agree to any set of boundaries?

>> Dak it's difficult to describe.

The guard has limits on what it could do in function and in practice.

But so much of that depends on the circumstances on the ground while they can re protect federal property.

Federal agents from attack or assault as we've seen occur over the recent weeks, they can also take on a role that to enforce federal law depending on what that looks like or what federal laws are few stated or or or obstructed by local or state authorities.

>> Trump, President Trump has floated talks at the Insurrection The administration was working on an appeal prior to Judge Perry's ruling.

Is it likely that the Trump administration will try to incite the insurrection act and under what grounds?

>> They could and only safety instruction act.

If there's an insurrection and that would give them another ground to face federal troops here in again.

And certain that the whole restrictions on the pass a Coma Thomas Act, which is designed not to give the standing army to be in the streets of the cities and I think the same issue will happen.

If he says there's insurrection look around and say, where's insurrection and there has to be some credible evidence I'm going grant is there should be deference to the president.

The Congress has delegate this responsibility to the president, but it's also responsibility, the judge to look at the evidence to make sure that's not sort just hashed together kind of subterfuge.

But there really isn't the some credible evidence that there's insurrection.

And I doubt that there is at this point, no one has news.

Nobody in the streets that chanting giving advice or attacking isolation, no one trying to stymie any kind of general law enforcement here in Chicago.

So the absence of any kind of others that that's happening, that I think claims of it that there's insurrection will fall flat.

>> Brandon, what is the likelihood that this is the accident that gets invoked?

>> I think it's very likely.

And I think it's very justifiable.

2 things on the top here want to pass a act as a clear exception, which is the insurrection act in these other statutory authorities that we're talking about tonight.

But 2, we're not talking about armed military insurrection as being the necessary predicate for the president to act President Eisenhower used the same authority in the 50's to desegregate schools across the south.

That authority is historically controversial to use of force, but it doesn't have to rise to this sort of mythical military fictional view of an insurrection to get local officials just refusing to enforce federal laws, sufficient warrant under the insurrection act as well.

And in fact, the judge's decision tonight could be even more proof of that front of the problem that the president is trying to solve that the traditional norms of executing justice enforcing federal law are just impracticable at this point.

>> Brandon Judge Perry, she also said in her ruling that the federal law permits the federalization of guard troops in 3 instances, quote, not whatever the president determines when one of them is met.

Should the court have given more different in this case?

And is that really what's at the core of this, right?

Is can the courts supersede the president?

>> I think the professor right here as well, it is a level of discretion and that is what we're debating now as lawyers.

We love having this conversation because academic an interesting, but it's also complicated.

It's a hard decision for the judge to make, which is why for centuries, courts have said that judges shouldn't be making those decisions.

Judges don't have the expertise to properly evaluate ground conditions and an ever evolving situation to determine whether or not that's a risen to a level that the judge themselves find sufficient to warrant this executive action that discretion has been historically is designed to be given to the president and has always been upheld to be primary with the president's discretion.

>> So of course, we're waiting until tomorrow to get the full ruling from Judge Perry.

But I think a lot of us have sort of like the gist of it right now.

He rolled.

What's next, though?

just want to say one quick answers Congress has made conditions upon the use of these federalization of choices of troops.

And it's up for the judge to determine whether president properly followed Congress's direction.

So it's tough for the judge to say whether distraction.

>> But it is for the judge to determine whether the president has made incredible finding that there is an insurrection as opposed to just making him a quake arguments.

So that is the critical rule that I hope that the judge in the 7th Circuit Court Appeal will continue to make.

And we're likely to see an emergency appeal to answer your question very quickly.

The 7th circuit just it was as what happened in Portland.

And that was appealed to the 9th circuit.

So that'll happen relatively And we'll push this down the line.

In the meantime, the troops will stay on taxpayer dollar here in beautiful Chicago.

Okay.

More time in court for all of us.

But that's it for the 3 of us right now.

old friend Brandon Smith.

Thanks to both for joining us.

>> Thanks for having us on.

>> We're back with more right after this.

>> Chicago tonight is made possible in part why the Alexandra and John Nichols family.

The Pope Brothers Foundation.

And the support of these don't >> Also today, federal judges have handed down some other key decisions related to the Trump administration's actions in and around Chicago.

Us District Judge Sarah Ellis today granting a temporary restraining order against Immigration and Customs Enforcement agents using riot control weapons like tear gas, pepper spray or less lethal bullets against reporters, protesters and members of the clergy who do not pose an immediate threat.

That ruling comes after the Chicago Headline Club Block Club, Chicago and other organizations sued Trump administration.

Now we know the state of Oregon.

Trump appointed judge.

Understood.

There is.

I'm.

>> That this is.

What the president.

He's doing is illegal, unconstitutional, endangers.

So I certainly hope that the Biden appointed judge understands their son.

>> Meanwhile, National Guard troops are no longer expected at the Dirksen Federal Courthouse tomorrow contradicting earlier reports that they would be deployed despite the chief judge never requesting a military presence.

For more on that story, please visit our website.

And U.S.

Senator Tammy Duckworth says the Senate Armed Services Committee will hold a hearing in the next few weeks over the president's deployment of National Guard troops.

She made the announcement today while slamming the Trump administration from the Senate floor.

>> It's obvious what Trump is doing.

He's targeting and punishing the city's who dare push back against his abuse of power.

And while he's currently targeting blue cities with his life, if these deployments are not stop, there will be nothing to stop him or any future president from doing this to anyone anywhere for any made up reason.

That is also an tethered to reality.

>> Her office as officials from the Department of Defense, which the administration has unofficially renamed the Department of War will testify.

City tourism officials say they don't anticipate any disruptions for runners or spectators over federal immigration activity at this weekend's Chicago Marathon.

Rumors have been circulating on social media about potential ice activity that's left some runners questioning whether they need to carry a passport and spectators fearful about attending officials with the city's tourism agency chew.

Chicago say carrying extra documentation is not necessary for runners.

The 47th annual Chicago Marathon is expected to draw more than 1.0 8 million spectators.

Tens of thousands of runners for more than 100 countries.

The race starts and ends in Grant Park on Sunday.

Best of luck to those runners.

And the Chicago Cubs are trying to keep their postseason alive.

The North Siders staved off elimination last night against the Milwaukee Brewers who now lead the series 2 to If the Cubs win tonight, they'll head back to Milwaukee Saturday for the decisive game.

5. next, one on one with a local leader in reproductive health care.

Illinois is bracing for more patients after Planned Parenthood of Wisconsin paused abortions last week and it comes as local clinics face potential Medicaid cuts from President Trump spending bill organizations like Planned Parenthood of Illinois say they're preparing to meet that increased demand despite federal funding uncertainties.

Joining us with more is Planned Parenthood of Illinois, new president and CEO Adrian White Plains.

Welcome.

Thank you for joining Thank you for having me.

It's a pleasure.

So you've been on the job for about 5 minutes few It's been uncertain time, obviously for reproductive rights, but also for your organization.

It had been without a permanent leader for 7 months before you were appointed to the position.

What is it like taking over at this current time?

Yeah, I mean, health care overall was already up for the last several years.

>> In a state of change.

And as we moved into 2025, under the new administration.

Many of the challenges in healthcare were exacerbated by changes coverage payment eligibility as well as research levels of information.

So I stepped in as a long term, healthy executive to Planned Parenthood.

Under the auspices of the World and change.

But it's wonderful.

And the reason that mayor is because it's an Illinois, if you the commitment to reproductive health in the state of Illinois, from the policymakers, through the delivery of clinical care and and health systems has always been phenomenal.

With the commitment to the patients and to access.

So that's the environment by which I look to rebuild.

Planned Parenthood, Wisconsin pausing its abortion services just last week.

You another abortion service providers are expecting to see an increase in.

>> Patients seeking abortion services.

What have you all seen so far?

You know, really the announcement came within the past 10 days this week alone.

We've seen a doubling of the abortion cases that we you certainly receive from Wisconsin.

In the meantime, we're working very closely with Planned Parenthood, Wisconsin, to make sure and help patients that need abortion care in our safe haven state.

So that aligning them with navigators that can help them with travel and gas expenses and food as well as getting them to the care that require.

And to be clear, a doubling of patients just from Wisconsin in the last 10 days.

Yes, yes, yes, we we received actually ever since the Dobbs decision in 2022, we had a 47% increase in the state of Illinois at Planned Parenthood in abortion care.

People coming from 46 states.

So we've learned how to build resilience and and expansion to accommodate need.

And we're going to be there for Wisconsin as So it to that point, you know, Illinois, as you said, it's been a haven for reproductive care, particularly abortion access nationally.

The Guttmacher Institute showing that nearly one out of 4 out of state abortions in the country were in Illinois alone in 2024. about 35,000 out of state patients traveling to Illinois last year.

That's accounting for 39% of all abortions in the state.

What does this increase in demand mean for access to services?

fortunately, Planned Parenthood recognizes that abortion care and reproductive services are an essential component of comprehensive health care.

So we're designed to look providing access to the full array of reproductive health services.

So with our 13 clinics around the state, we utilize and and flex our clinicians and our staff to make sure that we are able to accommodate where it becomes challenging, particularly challenging is when you then also take away or alter the insurance payment in the payment structure so that we don't have the financial resources to be able to maintain that expansion.

But right now we have the capacity and we are working to accommodate the Wisconsin and in the states meet, OK?

So on the subject of insurance because last month an appeals court allowed for the Trump administration to cut Medicaid reimbursements for abortion providers as part of the spending bill that passed in July that we all know a federal court today.

Also just denying the government's request for a stay of that case due to the government shutdown.

Over 40% of Planned Parenthood of Illinois patients.

That's nearly 30,000 people rely on Medicaid to access services.

How do these cuts impact your patients?

And to be clear, Medicaid never paid for abortion.

Medicaid.

Matt is how fed federal Medicaid does not pay for services in the state of Illinois.

Medicaid does actually cover abortion in the state as part of their legislative process and budgeting.

But that's host to a lesser degree.

But the when you think about the Medicaid patients has 40% of our activities.

Our commitment is to continue even with these fluctuations to welcome and accommodate every patient regardless of their ability to pay.

The challenge is on us as providers to make sure that we are filling every gap financially to keep to meet that need.

And I'm not going to tell you that it's easy, but we're committed to to it.

The status of that case.

What what can you tell us as it's it's still sort of working its way through the courts.

What do you think will happen there?

What's next?

I'm not optimistic.

I think we as we look at our challenges today and the state, the way that the executive order was put in place only for one year.

We there's nothing that is telling us that it won't be extended.

In addition, you have another change H R One, the bill for that is going to change eligibility of Medicaid coming in next year.

So there's going to continue to be challenges and we'll continue to work with the state.

Are donors as well as our local delivery models.

To try to find solutions to long-term access to the care that teens, women and all deserve.

That is a substantial financial loss, of course, for your organization can philanthropy and the state.

How can you fill that gap?

It's a combination of finding the resources as well as appropriate operational alignment and efficiencies and also looking at and making sure that you're leveraging delivery models and delivery systems like Telehealth Digital Health.

Others said or not as facility based as they are.

But these challenges of finding cost-effective health care, our experience, not just by Planned Parenthood, but by everyone who has particularly population tough underserved patients.

All of that said, you know, what is the path forward for your organization as here, you know, addressing these these federal challenges, the path forward is based on our history.

And the reality is Planned Parenthood existed 400 years.

It has really turned the generations for women.

It was in my lifetime that they actually allowed contraception to be available to all women.

It cannot go away access to reproductive health care, evidence-based, quality reproductive health care is an essential part of health care that is deserving of all.

So we have no choice but to find the solutions to ensure and protect everybody long into the future.

And we will create a termite fans.

It's a good place to leave it.

Brand new to the position of Planned Parenthood of President CEO.

I know it's.

>> It's been in your family line for a while and you were on the board for bit as well before taking a position.

best of luck to you.

Thanks joining Thank you for having me.

And that is our show for this Thursday night.

Stay connected with our reporters and what they're working on by following us on Instagram at W T Tw Chicago and join us tomorrow night at 5.37, for the weekend review.

Now for all of us here in Chicago Brandis Friedman, thanks.

Watching to healthy and safe.

Have a good night.

>> A close captioning is made possible.

Clifford law