D.C. v. Trump
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Overview
Overview
The Trump administration appealed Judge Cobb's preliminary injunction order which enjoined the DOD from deploying the National Guard in D.C. pursuant to specific orders.
The Issue
Issue
Whether the President has statutory and constitutional authority to deploy the National Guard in the District of Columbia under the circumstances presented, or whether such deployment violates the Posse Comitatus Act or other legal constraints.
The Rules
Rule
The Posse Comitatus Act prohibits use of federal armed forces for domestic law enforcement absent statutory exception or constitutional emergency. A preliminary injunction requires the moving party to demonstrate likelihood of success on the merits, irreparable harm, favorable balance of equities, and alignment with the public interest.
The Application
Analysis
The district court enjoined the deployment after finding plaintiffs demonstrated likelihood of success on a legal theory opposing the deployment. The Trump administration appeals, asserting the deployment is authorized under presidential authority or statutory exceptions to Posse Comitatus.
The Conclusion
The D.C. Circuit panel of Judges Millett, Katsas, and Rao dissolved its earlier administrative stay and granted the government's motion for a stay pending appeal on December 17, 2025. As a result, Judge Cobb's preliminary injunction has not taken effect, and the National Guard deployment has continued while the appeal proceeds. Briefing on the merits closed in June 2026, and oral argument is scheduled for October 14, 2026.
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