federal courts

In 2025, several federal courts found that federal activations of National Guard troops for domestic operations related to immigration enforcement departed from the Guard’s historic role and were unconstitutional in those cases.

There is a legal debate about whether a candidate's realistic chance of winning an election should be considered when determining whether the candidate has standing to sue over election rules.

The President of the United States serves as commander-in-chief and has authority to deploy federal troops and to federalize National Guard units for domestic operations, but those deployments are subject to legal challenge and review by federal courts.

State governments can sue in federal court to seek injunctions or other relief aimed at blocking or limiting federal deployments of National Guard units or other federal forces within their jurisdictions.

Plans to deploy National Guard troops to U.S. cities can prompt federal court litigation over the limits of presidential authority.

State governments can file lawsuits in federal court to challenge federal executive-branch actions related to domestic troop deployments.

Federal courts can temporarily block federal efforts to deploy or federalize National Guard units by ruling that the government has not met applicable legal thresholds, such as demonstrating that protests constitute a rebellion.

In federal criminal proceedings, a defendant seeking release on bond pending appeal must demonstrate a substantial question of law or fact material to the appeal that justifies release.