Appeals court hears arguments on Trump's National Guard deployment in Washington, D.C.

Mixed · 2On Wednesday 14 October 2026, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments on whether National Guard troops should remain in the capital, more than 14 months after they began patrolling. 1 2 Left · 1President Donald Trump deployed the Guard in August 2025 as part of what he said was a crime-fighting mission. The force peaked at about 5,000 troops over the summer and has supported arrest operations, patrolled streets and neighborhoods, and joined cleanup efforts. 1 Mixed · 2The case was brought by D.C.'s attorney general. It turns on whether the president can deploy the Guard to a federal district with limited autonomy; the Constitution gives Congress authority over the District, while the Home Rule Act of 1973 lets residents elect local officials. The city argues the mobilization is an illegal use of the military for domestic law enforcement. 1 2

Right · 1At the 90-minute hearing, a panel of Judges Cornelia Pillard, Judith Rogers and Bradley Garcia questioned both sides. Pillard asked government attorney Eric McArthur why the government's position was not federalization that ran up against the Posse Comitatus Act. McArthur replied that the limiting principle is that the president must be calling out the Guard "in aid of the civil authorities." 2 Right · 1Mitchell Reich, arguing for D.C., also faced tough questions. The panel focused on his argument that laws lay out the president's power to call out the Guard, and that some circumstances, such as an invasion or insurrection, would make those steps unnecessary. Reich said that with "any kind of organized violence in the district, the president can deploy the guard for the purpose of suppressing the same." 2 Left · 1U.S. District Judge Jia Cobb ruled last November that the deployment illegally intrudes on local officials' authority over law enforcement. She found the president can protect federal functions and property but cannot unilaterally deploy the D.C. Guard for crime control or bring in troops from other states. 1

Mixed · 2A different three-judge appeals panel stayed that order last December, so the Guard has stayed in place. In a unanimous 32-page ruling it said Trump might prevail on his claim that the president "possesses a unique power" to mobilize the Guard in Washington. It also cited disruption to service members and the president's interest in protecting federal functions and property, and found the district had "not identified any ongoing injury to its statutory interests." Arab News reports that two of those judges were Trump appointees and one was an Obama appointee. 1 2 Left · 1The administration says the deployment has helped reduce crime, although crime was already falling before the Guard arrived. Officials and activists in the heavily Democratic city call it a waste of taxpayer money that has normalized the militarization of a major American city. 1 Mixed · 2Syracuse law professor William Banks said D.C. may have a slim argument under home rule, but that otherwise "there is no overarching federal principle that would bail out the district." William and Mary law professor Margaret Hu said the open-ended length of the deployment could undercut the emergency justification that states supporting it have raised. 1 2

Left · 1Both outlets say the Trump administration would almost certainly appeal to the Supreme Court if D.C. wins, given its past deference to the president. 1 Mixed · 2The Defense Department has extended the mobilization until January 2029. The federal government awarded a $292 million contract to a private company to house members of Joint Task Force-D.C. in apartments. Troop numbers have fallen from about 5,000 at the height of the semiquincentennial celebrations to about 2,900 as of last week. 1 2 Right · 1Several dozen people rallied outside the courthouse against the Guard's continued presence. Resident David Barrows said "There's no national emergency here in Washington," and Jennifer Pace said she hoped the troops could "just go home." 2