Chris Schulz Published

Federal Appeals Court Allows National Guard Deployment In DC To Continue

soldiers walking on the national mall with the capitol in the background
The National Guard is set to remain in Washington until at least February 28, 2026, unless court ordered relief takes effect.
Rahmat Gul)/AP Photo
Listen

A panel of three federal judges for the U.S. Court of Appeals for the D.C. Circuit ordered Wednesday that the deployment of National Guard troops to Washington, D.C. can continue pending appeal.

The order, written by Judge Patricia Millett with Judge Gregory Katsas and Judge Neomi Rao concurring, replaces a temporary extension granted by the D.C. Circuit Dec. 4.

In November, U.S. District Judge Jia Cobb ordered the Trump administration end its monthslong deployment of National Guard troops to help police the nation’s capital. But she put her order on hold for 21 days to allow for an appeal.

Gov. Patrick Morrisey deployed approximately 300 West Virginia National Guard members to D.C. in August following a request from President Donald Trump. That number was reduced to approximately 170 in November. 

Shortly after, two National Guard members were ambushed and shot just blocks from the White House. Specialist Sarah Beckstrom died from her injuries on Thanksgiving Day and was laid to rest Dec. 9 in a private ceremony at the National Cemetery in Grafton, West Virginia. Staff Sergeant Andrew Wolfe is recovering from his wounds.

Wednesday’s published order made the case that the deployment was legal due to federal control of Washington, and expected the Trump administration to prevail in their appeal.

“Because the District of Columbia is a federal district created by Congress, rather than a constitutionally sovereign entity like the fifty 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 under 32 U.S.C. § 502(f),” Millett wrote. “It also appears likely that the D.C. Code independently authorizes the deployment of the D.C. Guard.”

The order further states that the National Guard is set to remain in Washington until at least Feb. 28, 2026, unless court ordered relief takes effect.