A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard arguments Wednesday in a challenge to President Donald Trump's National Guard deployment in the nation's capital.
The panel, consisting of judges appointed by Democratic presidents, pressed the government on whether the president's actions exceeded legal bounds under the Posse Comitatus Act and other statutes. Judge Cornelia Pillard asked how the administration's position avoided conflict with the 1878 law restricting military involvement in domestic law enforcement.
Trump ordered the deployment in August 2025 to combat violent crime in Washington. The force grew to a peak of around 5,000 troops, who have conducted patrols, supported arrests, and assisted with cleanup. An earlier three-judge panel ruled in December 2025 that the president holds unique authority in the District of Columbia as a federal enclave rather than a sovereign state.
That December decision stayed a lower court order blocking the deployment. The current panel is now considering the full merits of the case brought by D.C. officials, who argue the action violates local home-rule authority.
The hearing followed more than a year of the deployment, which a May 2025 Niskanen Center analysis linked to a 24 percent drop in opportunistic property crimes. The mobilization has continued through extensions into 2026.
Government attorney Eric McArthur told the court that the president's authority is limited to calling out the Guard in aid of civil authorities. The panel's questions focused on potential constraints in non-consenting jurisdictions and the distinction between federal district powers and state sovereignty.
The case stems from D.C. Attorney General Brian Schwalb's lawsuit filed shortly after the initial deployment. Oral arguments lasted about 90 minutes.
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