AG Brown urges Ninth Circuit to block federal overreach in National Guard case

Washington State Attorney General Nick Brown has joined a supplemental amicus brief urging the Ninth Circuit Court of Appeals to rehear en banc a case involving the president's unprecedented use of federal authority to seize control of state National Guard troops over a governor's objection.

"We know this is wrong. We know this is un-American. And we will continue to raise the alarm about the president's unconstitutional vision for using the military against civilians," Brown said.

The amicus brief argues that the previous Ninth Circuit panel's order dramatically expands presidential power in a manner that violates the constitutional limits on domestic military deployment and threatens the sovereignty of every state. The states contend that federal law allows the National Guard to be federalized only in extraordinary circumstances-such as rebellion or invasion-not for routine law enforcement or perceived staffing challenges.

The brief warns that if the panel's ruling is allowed to stand, the president could deploy National Guard troops into any state at almost any time, even when there is no active emergency and despite the objections of democratically elected governors.

The filing emphasizes that the decision conflicts with recent Ninth Circuit precedent and erodes fundamental guardrails that have long protected civilian authority over the military and the rights of states to maintain control over their National Guard units.

The states are urging the court to rehear the case to restore these constitutional protections and ensure that the president may only invoke emergency powers under the narrow circumstances expressly authorized by federal law.

Arizona Attorney General Kris Mayes led the filing, which was also joined by the attorneys general of Hawaiʻi and Nevada.

Read a copy of the amicus brief here.

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