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By Gabe Whisnant
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A federal appeals court on Wednesday allowed the continued deployment of the National Guard in Washington, D.C., temporarily blocking a lower court order that would have ended the troops’ presence in the nation’s capital.
In a unanimous decision, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said the Trump administration is likely to succeed in its argument that the president holds a unique authority to mobilize the National Guard in Washington, a federal district.
The three-judge panel consisted of Patricia A. Millett, an appointee of President Barack Obama, along with Gregory G. Katsas and Neomi J. Rao, both appointed by President Donald Trump.
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Why It Matters
The ruling stayed a November 20 opinion by U.S. District Judge Jia Cobb, who had ordered the deployment halted, finding it unlawfully encroached on the authority of local officials.
What To Know
The 32-page decision means residents and visitors are likely to continue seeing National Guard troops patrolling parts of the city into 2026. The panel said several factors favored the administration, including the disruption that withdrawing the troops would cause to thousands of service members and the president’s interest in protecting federal property and government operations in the capital.
The judges also said the District of Columbia had failed to show any ongoing harm to its statutory interests from the deployment. While the ruling is not a final resolution of the case, the court said the administration had made a strong showing in support of its appeal.
The deployment began in August after President Donald Trump issued an executive order declaring a public safety emergency in Washington. More than 2,300 National Guard members from eight states and the District of Columbia were sent to the city within weeks, operating under the command of the Army secretary. Hundreds of federal law enforcement officers were also deployed to assist local authorities.
District of Columbia Attorney General Brian Schwalb filed suit challenging the Guard’s deployment, arguing that the White House lacked the authority to mobilize the force without the consent of Mayor Muriel Bowser. Schwalb asked the court to bar the administration from deploying Guard troops in the city while the lawsuit proceeds. States across the country weighed in on the case, lining up largely along partisan lines.
A spokesperson for Schwalb said Wednesday’s ruling was preliminary and did not address the underlying legal questions.
“This does not resolve the merits of the case,” the spokesperson said, adding that the district intends to continue pressing its claims in both district and appellate courts.
In her November ruling, Cobb acknowledged that the president has authority to protect federal property and functions but concluded that he could not unilaterally deploy the D.C. National Guard for general crime control or bring in Guard units from other states for that purpose. She ordered the troops to be withdrawn but delayed enforcement of her ruling for 21 days to allow the administration to appeal.
The case has unfolded amid heightened security concerns in the capital. Three weeks ago, two members of the West Virginia National Guard were ambushed while patrolling a subway station just blocks from the White House. Spc. Sarah Beckstrom later died from her injuries, and Staff Sgt. Andrew Wolfe remains hospitalized. A 29-year-old Afghan national, Rahmanullah Lakanwal, has been charged with murder and has pleaded not guilty.
Following the attack, the administration announced plans to deploy an additional 500 Guard members to Washington.
What Happens Next
The appeals court said its decision was limited in scope and did not resolve several legal questions, including whether the Guard’s activities constitute law enforcement in violation of federal law. Those issues, the court said, will be addressed as the case continues.
The appeals court issued a temporary administrative stay of Cobb’s order on December 4. Wednesday’s decision replaced that stopgap measure with a broader stay that will remain in effect while the appeal moves forward.
Updates: 12/17/25, 3:08 p.m. ET: This article was updated with new information and remarks.
This article includes reporting by the Associated Press.
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