DC Circuit rules Trump's National Guard deployment can continue for now

Source: Courthouse News Service

December 17, 2025


WASHINGTON (CN) — A D.C. Circuit panel unanimously ruled Wednesday that the National Guard can remain deployed in the nation’s capital for the time being, freezing a federal judge’s preliminary injunction that found President Donald Trump’s use of the troops unlawful.

The three-judge panel determined that the Trump administration would likely succeed on its argument that the president’s Aug. 11 deployment of the D.C. National Guard was within his authority as the chief executive and was authorized by D.C. law. U.S. Circuit Judge Patricia Millett, a Barack Obama appointee, wrote the panel’s opinion, explaining the decision to grant a stay during the appeal process was necessary to avoid a “profound level of disruption” to the over 2,000 troops deployed in the city.

“Because the District of Columbia is a federal district created by Congress, rather than a constitutionally sovereign entity like the 50 states, the defendants appear on this early record likely to prevail on the merits of their argument that the president possesses a unique power within the district — the seat of the federal government — to mobilize the guard,” Millett wrote. The panel further dismissed D.C.’s argument that the continued deployment amounted to an irreparable harm, determining it had not identified any ongoing injury.

However, Millett emphasized the fact that the stay panel considered the case on a significantly limited record, and said that the merits panel — which has yet to be assigned — is not bound by their decision. She added that Wednesday’s decision had not determined whether the National Guard was engaged in “law enforcement” activities and thus in violation of the Posse Comitatus Act.

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