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A 200-year-old precedent holds the key to Trump’s troop deployment

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Federal agents firing pepper balls at anti-I.C.E. protesters in Portland, Oregon, on Oct 12.

Federal agents firing pepper balls at protesters in Portland, Oregon, on Oct 12.

PHOTO: AFP

Adam Liptak

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WASHINGTON – The key precedent that the Supreme Court must grapple with in deciding whether President Donald Trump may deploy National Guard troops in Illinois is two centuries old and arose from the seizure of a “gray mare”.

Some sources say the mare was a mule; others, a horse. Still others say it was a horse of different colour – brown.

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