Court Battles Over Federalized National Guard Deployments

Multiple parallel legal battles are underway over the federalization of National Guard troops deployed to Democratic-led cities, with outcomes expected soon and potential Supreme Court review. In Oregon, state and Portland lawsuits produced temporary restraining orders blocking deployments; a Ninth Circuit panel lifted one order, and a three-day trial is scheduled to begin Oct. 29 while the appellate court considers an en banc rehearing that could affect a second TRO. In California, a Ninth Circuit panel heard arguments in which the Justice Department contended the president’s authority to federalize the Guard has no statutory time limit and is largely unreviewable, while state lawyers urged courts to impose limits. In Washington, D.C., court filings and internal Guard emails show commanders preparing to winterize forces and plan for a long-term persistent presence possibly through summer 2026, prompting the D.C. attorney general’s lawsuit alleging unlawful policing and Posse Comitatus violations. Appeals, emergency petitions and local legal actions mean upcoming rulings will determine whether and how long federalized Guard deployments continue.