Overview
- The three-judge D.C. Circuit panel, in an opinion by Judge Patricia Millett, stayed a Nov. 20 order from Judge Jia Cobb and allowed Guard troops to remain in Washington through at least late February 2026.
- The court said the administration is likely to prevail because Washington is a federal district, citing a strong federal interest in protecting government functions and warning of severe disruption to thousands of service members if the deployment were halted now.
- District of Columbia Attorney General Brian Schwalb called the decision preliminary and emphasized that the ruling does not resolve the merits of the lawsuit.
- Judges Neomi Rao and Gregory Katsas wrote separately questioning whether the District has standing to sue the federal government, a position that could narrow D.C.’s ability to bring such challenges.
- The deployment, launched after an August crime emergency declaration and bolstered following a November shooting of two Guard members, includes thousands of troops under Title 32 status, and the panel flagged constitutional concerns about using out-of-state Guard units for law enforcement in non-consenting states as related cases proceed elsewhere.