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yesterday

Dueling State Coalitions Clash Over D.C. National Guard Deployment in Court

A 22-state bloc backs D.C.’s suit seeking a preliminary injunction, arguing the deployment unlawfully substitutes troops for local police.

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Overview

  • California Attorney General Rob Bonta and Maryland Attorney General Anthony G. Brown led a coalition of 22 attorneys general filing an amicus brief supporting D.C.’s lawsuit challenging the Trump administration’s use of the National Guard.
  • The multistate brief asks the U.S. District Court for D.C. to issue a preliminary injunction and contends the Constitution and the Posse Comitatus Act bar using soldiers for civilian law enforcement.
  • West Virginia Attorney General J.B. McCuskey, co-leading with South Carolina, filed an opposing brief defending the President’s authority to deploy the Guard to secure the capital, joined by Alabama, Florida, Texas and other states.
  • D.C. Attorney General Brian Schwalb sued on Sept. 4 after the President ordered the Guard to remain in Washington through December, following a deployment that began on Aug. 24.
  • In related litigation, a Northern District of California judge issued a permanent injunction against similar federalization of California’s Guard, though that order is temporarily paused while the Ninth Circuit considers a stay and appeals proceed.