Appeals Court Temporarily Pauses Order That Would End National Guard Deployments In Washington, D.C.

Appeals Court Temporarily Pauses Order Ending National Guard Deployments In Washington, D.C.

The U.S. Court of Appeals for the D.C. Circuit on Thursday issued a temporary administrative stay of a lower court ruling that had ordered an end to the deployment of National Guard troops in Washington, D.C. The stay was granted to allow the appeals court time to consider the Trump administration’s request while not addressing the merits of the underlying appeal.

What the Appeals Court Said

“The purpose of this administrative stay is to give the court sufficient opportunity to consider the motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion.”

The brief notice makes clear the pause is procedural: it halts implementation of U.S. District Judge Jia Cobb’s Nov. 20 opinion and order while the appeals court decides whether to keep the stay in place during the appeal.

Judge Jia Cobb’s Ruling

Judge Cobb concluded that while the president has authority to protect federal functions and property, he cannot unilaterally deploy the D.C. National Guard for local crime control or summon Guard troops from other states for that purpose in a way that intrudes on the District’s local authority. Cobb initially delayed enforcement of her order for 21 days to allow the administration to appeal.

Administration’s Response

“As we have always maintained, the President exercised his lawful authority to deploy the National Guard to D.C. We look forward to ultimate vindication on this issue,” White House spokeswoman Abigail Jackson said. The administration asked the appeals court for the stay that Thursday’s notice granted.

Deployment Background

The deployments followed an August executive order declaring a crime emergency in the District. Within weeks, more than 2,300 National Guard members from eight states and the District were patrolling the city under the command of the Secretary of the Army, and the administration also deployed hundreds of federal agents to assist local patrols.

Legal Challenges Around The Country

District of Columbia Attorney General Brian Schwalb sued to block the Guard deployments in D.C., asking a judge to bar the White House from sending Guard troops into the District without the mayor’s consent while litigation proceeds. Schwalb’s office did not immediately respond to requests for comment about Thursday’s administrative stay.

The administration has also deployed Guard units to Los Angeles and sought to send troops into Chicago and Portland, Oregon, prompting other court challenges. A federal appeals court allowed the Los Angeles deployment to stand, and the administration is appealing a judge’s decision in Portland that found the president lacked authority to call up or deploy National Guard troops there.

Ambush Near The White House

The court action comes after a deadly ambush that targeted West Virginia National Guard members patrolling a subway station near the White House. Specialist Sarah Beckstrom died on Nov. 27 from injuries sustained in the attack; Staff Sgt. Andrew Wolfe was injured and is recovering. Rahmanullah Lakanwal, a 29-year-old Afghan national who was also shot during the confrontation, has been charged with murder and has pleaded not guilty.

In response to the shooting, the administration requested an additional 500 National Guard members for Washington. Arkansas Governor Sarah Huckabee Sanders announced she would send 100 military personnel as part of that buildup.

What Happens Next

The administrative stay is expected to remain in place while the D.C. Circuit considers the government’s motion for a longer stay pending appeal. Depending on the appeals court’s decision, the dispute could proceed through further appellate review and potentially reach the U.S. Supreme Court. For now, Judge Cobb’s order remains unenforced while the appeals process plays out.