DC's Lawsuit Over Trump's National Guard Deployment Faces Legal Hurdle

Conservative watchdog argues DC cannot sue itself as part of the federal government

Apr. 9, 2026 at 11:06am

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A quiet, cinematic painting of a solitary military Humvee parked on a downtown D.C. street, the vehicle bathed in warm, diagonal sunlight and deep shadows, conceptually illustrating the tension between D.C. and the federal government.The federal government's continued military presence in the nation's capital exposes the complex power dynamics between Washington, D.C. and its sovereign creator.Chicago Today

A conservative watchdog group has urged a federal appeals court to dismiss Washington, D.C.'s lawsuit challenging former President Trump's deployment of National Guard troops to the city, arguing that the district cannot sue itself since it is part of the federal government. The case sits at the intersection of Trump's deployment of troops to blue cities and D.C.'s long-running fight for self-government.

Why it matters

The outcome of this case could have broader implications, potentially reinforcing the principle that D.C. is subordinate to the federal government and disputes should be resolved politically rather than through the courts.

The details

The Oversight Project, a conservative watchdog, filed an amicus brief arguing that D.C. lacks standing to sue the federal government over the National Guard deployment, as a municipal corporation cannot sue its 'sovereign creator.' The group says if the appeals court agrees, it would restore the normal system where D.C. must turn to the president and Congress, not the courts, to address grievances against the federal government.

  • In September 2022, D.C. Attorney General Brian Schwalb sued, arguing Trump encroached on the city's independence.
  • A three-judge appeals court panel temporarily paused a lower court's injunction against the administration while the case continues.

The players

Oversight Project

A conservative watchdog group that filed an amicus brief urging the appeals court to dismiss D.C.'s lawsuit.

Brian Schwalb

The D.C. Attorney General who sued the Trump administration over the National Guard deployment.

Donald Trump

The former president who deployed National Guard troops to D.C. and other cities in 2020.

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What they’re saying

“To start, one cannot sue oneself. And that is what this case ultimately is—the United States suing itself. Moreover, it is a foundational principle of the law that a municipal corporation cannot sue its sovereign creator.”

— Oversight Project lawyers

“If the judges find our argument valid, it's going to kind of restore the normal system, which is D.C. is entirely subordinate to the federal government and these disputes are resolved politically.”

— Sam Dewey, Oversight Project lawyer

What’s next

Briefing in the lawsuit is set to stretch through May, and the appeals court could schedule oral arguments after that before making a decision on the legality of the National Guard's presence and activities.

The takeaway

This case highlights the ongoing tension between D.C.'s desire for self-governance and its status as subordinate to the federal government. The outcome could have broader implications, potentially reinforcing the principle that disputes between D.C. and the federal government should be resolved through political channels rather than the courts.