Trump’s use of the National Guard faces critical legal tests
Jacek Boczarski/Anadolu via Getty Images
(WASHINGTON) — In two courthouses on opposite sides of the country, Donald Trump’s attempt to send troops into Democratic-led cities will face a critical legal test on Thursday.
The Ninth Circuit Court of Appeals is set to hold oral arguments at noon on whether to lift a lower court’s order blocking the deployment of troops into Portland, while a District Judge in Chicago has a hearing at the same time to consider stopping the deployment of the National Guard in Illinois.
The dueling hearings sets the stage for one of the most high-profile legal battles since President Trump took office, as local governments turn to the courts to stop what some judges have described as blurring of the line between military and civilian rule.
Chicago Ahead of the Chicago hearing, U.S. District Judge April Perry set a midnight deadline for the Trump administration to confirm when National Guard troops are set to arrive in Illinois, where they are set to be deployed and the scope of their activities.
Lawyers for the city of Chicago and state of Illinois have argued that the deployment of National Guardsmen will decrease public safety, exacerbate tensions in the city and infringe on the state’s sovereignty.
“By design, state and local governments operate closer to the people they serve, allowing them to tailor their activities to their communities’ needs. Federalism is not merely an administrative arrangement; it is a structural protection of liberty,” they wrote in a filing. “When the federal government assumes a role traditionally reserved to the States, it blurs the constitutional lines that define who is responsible for public safety.”
Portland Meanwhile, as the Chicago hearing takes place, a three-judge panel on the Ninth Circuit Court of Appeals will hear arguments about whether to lift a lower court’s order blocking the deployment of 200 federalized members of the Oregon National Guard into Portland.
Earlier on Wednesday, the Ninth Circuit issued an administrative stay of that order to preserve the status quo as the lawsuit moves through the court.
Oregon argues that the deployment of troops is “part of a nationwide campaign to assimilate the military into civilian law enforcement” and is based on “inaccurate information” about the conditions in Portland.
“Defendants’ nearly limitless conception [the law] would give the President discretion to repeat this experiment in response to other ordinary, nonviolent acts of civil disobedience across our Nation. The public interest is served by a judicial order preserving the rule of law in the face of unprecedented and unlawful Executive action that threatens grave and irreparable damage to our State and the Nation,” lawyers for the state said in a recent filing.
A federal judge on Sunday expanded her order to bar any state’s National Guard from entering Portland after concluding that the Trump administration was attempting to work around her temporary restraining order by using troops from other states.
That second order has not been formally appealed yet, although the broader issue may arise during the hearing as the Trump administration challenges judicial limits on the president’s authority to deploy the National Guard.
“Congress did not impose these limits on the President’s authority to federalize the Guard, nor did it authorize the federal courts to second-guess the President’s judgment about when and where to call up the Guard to reinforce the regular forces in response to sustained and widespread violent resistance to federal law enforcement,” lawyers for the Trump administration wrote in a filing earlier this week.
In an amicus brief filed on Thursday, a group of former secretaries of the Army and Navy and retired four-star admirals and generals encouraged Judge Perry to express caution about the broader use of the National Guard in domestic operations.
“Domestic deployments that fail to adhere to [Posse Comitatus Act] threaten the Guard’s core national security and disaster relief missions; place deployed personnel in fraught situations for which they lack specific training, thus posing safety concerns for servicemembers and the public alike; and risk inappropriately politicizing the military, creating additional risks to recruitment, retention, morale, and cohesion of the force,” lawyers for the former military leaders wrote.
(WASHINGTON) — High-profile races are unfolding across the country on Tuesday, including New York City’s mayoral election and governor’s races in New Jersey and Virginia.
In California, voters will consider a ballot measure that puts forth a redrawn congressional map that could net Democrats five House seats.
The elections come with high-stakes for both Democrats and Republicans, and will provide a picture of how Americans feel about President Donald Trump’s first nine months in office.
Here’s how the news is developing.
44 minutes ago
NYC 2025 vote surpasses 2021 total, halfway through the day
As of 3 p.m. ET, roughly 1.4 million New York voters have cast a ballot in this year’s elections, with six hours before polls close, the city’s Board of Elections said.
Roughly 1.1 million voters cast a ballot in the 2021 election, according to city BOE data.
Of the 1.4 million cast so far in 2025, 716,625 votes, about 49%, were cast on Tuesday, while the remaining were cast at early voting polling sites.
2 hours and 9 minutes ago
‘Another baseless claim,’ California officials dismiss Trump
The California secretary of state slammed President Donald Trump over his unfounded claims about the state’s election.
Secretary of State Shirley Weber said in a statement that Trump’s comments appeared to be “another baseless claim”– and urged voters to head to the polls.
“California voters will not be deceived by someone who consistently makes desperate, unsubstantiated attempts to dissuade Americans from participating in our democracy,” she said.
Additionally, a spokesperson for the state’s attorney general said that Trump is “continuing to spread lies,” adding that elections in California are “fair, safe, and secure.”
-ABC News’ Olivia Rubin
2 hours and 28 minutes ago
Trump says California redistricting vote is under ‘criminal review’
After President Donald Trump wrote in a social media post that California’s Proposition 50 should be under “very serious legal and criminal review,” White House press secretary Karoline Leavitt said the White House is “looking into” providing “executive action.”
“The White House is working on an executive order to strengthen our elections in this country, and to ensure that there cannot be blatant fraud, as we’ve seen in California with their universal mail-in voting system. It’s absolutely true that there’s fraud in California elections. It’s just a fact,” Leavitt told reporters on Tuesday.
Leavitt’s comments come after Trump laid into the proposal — where Californians are deciding if the state will adopt a new Democratic-friendly congressional map in response to mid-decade redistricting in Texas — calling it a “GIANT SCAM.”
“The Unconstitutional Redistricting Vote in California is a GIANT SCAM in that the entire process, in particular the Voting itself, is RIGGED. All ‘Mail-In’ Ballots, where the Republicans in that State are ‘Shut Out,’ is under very serious legal and criminal review. STAY TUNED!” Trump wrote in a social media post on Tuesday.
2 hours and 49 minutes ago
Trump has made his thoughts on NYC mayoral election ‘quite clear,’ White House says White House press secretary Karoline Leavitt said that President Donald Trump has made his thoughts on the New York City mayoral election “quite clear.”
“The president is a New Yorker, and he loves New York. He has made his thoughts on this election quite clear,” Leavitt said.
Leavitt also addressed Democratic mayoral nominee Zohran Mamdani’s comments accusing the Trump administration of attempting to “intimidate voters with baseless allegations of voter fraud,” saying his comments are “based on zero evidence.”
“I think this is just another example of how the Democratic Party unfortunately stands for nothing. All they stand against is President Donald Trump, and I think it’s quite sad to see that we have someone at the top of the ticket on election day today saying such things about the president, when he obviously had nothing to do with those threats,” Leavitt said on Tuesday.
On Tuesday, Mamdani addressed reports of voter intimidation in New Jersey, saying these incident are “incredibly concerning.”
“I think that it is an illustration of the attacks we’re seeing in our democracy,” he continued, accusing the Trump administration of adopting a “general approach” of attempting to “intimidate voters with baseless allegations of voter fraud as a means of trying to repress the voice of Americans across this country,” Mamdani said.
Trump endorsed Cuomo on Monday in a social media post. “Whether you personally like Andrew Cuomo or not, you really have no choice. You must vote for him, and hope he does a fantastic job,” Trump wrote.
3 hours and 50 minutes ago
Trump and Newsom square off on Prop 50
President Donald Trump and California Democratic Gov. Gavin Newsom are sparring over the vote on Proposition 50, the ballot proposition where Californians are deciding if the state will adopt a new Democratic-friendly congressional map in response to mid-decade redistricting in Texas.
On social media, Trump laid into the proposal as a “GIANT SCAM” and that voting process itself is “rigged.”
“The Unconstitutional Redistricting Vote in California is a GIANT SCAM in that the entire process, in particular the Voting itself, is RIGGED. All ‘Mail-In’ Ballots, where the Republicans in that State are ‘Shut Out,’ is under very serious legal and criminal review. STAY TUNED!” Trump wrote.
Newsom hit back on X: “The ramblings of an old man that knows he’s about to LOSE.”
Democrats feel particularly bullish about their chances in California tonight.
-ABC News’ Brittany Shepherd
3 hours and 58 minutes ago
GOP groups attack Mamdani, attempt to link him to broader Democratic Party
As voters head to the polls, various Republican groups have released statements and memos attacking New York City Democratic mayoral nominee Zohran Mamdani, as the Republican Party continues to tie the self-described democratic socialist to the broader Democratic Party as a way to paint Democrats as radical and out of touch.
The messaging, while not new, reflects how the Republican Party hopes to use Mamdani as an albatross against Democrats.
The National Republican Congressional Committee, in a memo released on Tuesday morning framing Republicans as having more momentum one year out to the 2026 midterms, claimed that Democrats are fully on board with “the socialist agenda.”
“Democrats are now fully embracing the socialist agenda, with Hakeem Jeffries endorsing radical socialist Zohran Mamdani just last week,” the committee wrote, calling this “electoral poison for Democrats” because Democrats view socialism more negatively than capitalism.
Additionally, the National Republican Senatorial Committee — the campaign arm of Senate Republicans — sent out a flurry of at least seven memos early Tuesday tying Democratic primary candidates in key Senate races to Mamdani.
In a press release on Monday, the Republican National Convention grouped Mamdani with the two Democratic gubernatorial candidates in New Jersey and Virginia, saying they “are all cut from the same far-left cloth.”
-ABC News’ Oren Oppenheim, Brittany Shepherd and Emily Chang
12:05 PM EST
Cuomo says Trump ‘does not support me’ but ‘opposes Zohran Mamdani’
While casting his vote for himself on Tuesday morning, independent candidate for mayor of New York City and former Gov. Andrew Cuomo said President Donald Trump does not support him but “opposes Zohran Mamdani.”
“The president does not support me. The president opposes Zohran Mamdani,” Cuomo said when asked if he accepts Trump’s recent endorsement.
Cuomo was also asked what’s at stake nationally in this election, to which he told reporters, “I think what you’re seeing is a civil war in the Democratic Party that has been growing for a while.”
The former governor said Trump believes Mamdani is an “existential threat” and that the “momentum is on our side.”
-ABC News’ Halle Troadec
11:27 AM EST
Vance urges support for New Jersey GOP gubernatorial candidate Ciattarelli as race tightens
Vice President JD Vance urged voters in New Jersey to cast their vote for Republican gubernatorial candidate Jack Ciattarelli, as the race tightens between Ciattarelli and the Democrats’ pick, former Navy helicopter pilot Mikie Sherrill.
“Get out there and vote for Jack if you live in NJ. New Jersey is such a great state but it’s suffered too long under crap leadership,” Vance wrote on Tuesday.
According to a Quinnipiac poll, Ciattarelli is lagging Sherill only by single digits in the race, with Sherill leading Ciatttarelli by 8 points in the full ballot matchup.
Former President Barack Obama has previously endorsed Sherill, saying her “integrity, grit and commitment to service are what we need right now in our leaders.”
In addition to being backed by Vance, Ciattarelli also boasts the support of President Donald Trump.
-ABC News’ Hannah Demissie
11:10 AM EST
Implications of NYC’s mayoral race stretch beyond the Big Apple
While New Yorkers are focused on solving key issues of affordability and public safety, the implications of the mayoral race could stretch beyond the five boroughs.
This local off-year election has garnered national attention and is considered representative of political headwinds ahead of the 2026 midterms. Candidates are zeroed in on navigating the impacts of President Donald Trump’s second term, and Zohran Mamdani’s candidacy has shed light on how the Democratic Party has struggled to balance its progressive and moderate sides.
-ABC News’ Emily Chang
10:49 AM EST
Cuomo votes, calls Trump ‘pragmatic’ for encouraging Republicans to back him
Former New York Gov. Andrew Cuomo, who appeared to cast his ballot at a polling place on the East Side of Manhattan on Tuesday morning, called President Donald Trump “pragmatic” for encouraging Republican voters to support him in the New York City mayoral election, instead of the GOP nominee, Guardian Angels founder Curtis Sliwa, to blunt a victory for Democratic nominee Zohran Mamdani.
“President Trump is pragmatic. He is telling them the reality of the situation, which is, if you do not vote, Mamdani is going to win. Who is Mamdani? I don’t know, but he’s a Democratic socialist that brings socialism to New York City. New York City will not thrive with a socialist economy,” Cuomo, who is running as an independent, said on Fox News on Tuesday. “So Republicans, you have to get up and come out and vote. Even if you’re not voting for a Republican, you’re voting to save New York City.”
Cuomo went on to say that Mamdani’s campaign promises to lower costs and expand government resources — by freezing the rent temporarily on rent stabilized units, providing government-run grocery stores and free city busses — is “all BS.”
“It’s not up to the mayor. It’s up to the state. State said they’re not going to do it. It’s all BS, it’s all campaign rhetoric. None of it will change anybody’s life,” Cuomo argued.
-ABC News’ Brittany Shepherd
10:37 AM EST
Mikie Sherrill says there’s ‘no credible’ threats to New Jersey voting
Accompanied by her husband and children, New Jersey’s Democratic nominee for governor Mikie Sherrill appeared at a Montclair voting center to cast her ballot and address the press.
Sherrill sought to assure voters that it is currently safe to cast ballots throughout the state, after multiple polling places temporarily closed in northern New Jersey after precincts fielded emailed bomb threats later deemed to be not credible, prompting election officials to direct some voters to other polling places.
“We’ve checked out all the bomb threats. There are no credible ones yet. Law enforcement is working overtime to keep our elections safe, so I don’t see any threat to voting,” Sherrill said. She called the scare an “attempt to suppress the vote.”
-ABC News’ Emily Chang and Lucien Bruggeman
10:24 AM EST
Mamdani casts his ballot: ‘We are on the brink of making history’
Just moments after casting his ballot on the morning of Election Day, New York City mayoral Democratic nominee Zohran Mamdani proudly branded an “I voted” sticker and emphasized his vision to “usher in a new era in this city.”
“Today is Election Day. It is a day that we have been dreaming of for more than a year,” he began. “We are on the brink of making history in our city, on the brink of saying goodbye to a politics of the past.”
Mamdani emphasized his platform centered on affordability, touting his plan to “transform the most expensive city of the United States of America into one that’s affordable for each and every person that calls it home.”
Asked by ABC News’ Aaron Katersky on what he would say to New Yorkers concerned that President Donald Trump will follow through on his threats, Mamdani reiterated his resolve to stand up to Trump and argued that the president’s words sometimes hold no weight.
“I look forward to representing those New Yorkers, and look forward to fighting for every single dollar this city is owed. What we see in the language of Donald Trump is a premise, as if it is his decision on whether or not to fund the city the very money that this city is owed … That means using the courts, that means using the bully pulpit, that means ensuring that we actually follow the letter of the law,” he said.
Mamdani is facing off against former Gov. Andrew Cuomo, a Democrat who is running as an independent, and Republican candidate Curtis Sliwa, along with some other independent and third-party candidates.
-ABC News’ Emily Chang
10:13 AM EST
Voters head to polls in 1st major elections of Trump 2.0
It’s Election Day in America, and voters across the country are heading to the polls in statewide and local elections.
It’s the first major election cycle since President Donald Trump’s return to the White House. The results from Tuesday’s races will give voters an opportunity to weigh in on the state of the country and their communities.
Trump joined election eve tele-rallies supporting Republican candidates in Virginia and New Jersey, where he focused on energy costs and crime. He also threw out an eleventh-hour endorsement in New York City’s mayoral election, urging voters to support Andrew Cuomo over Zohran Mamdani.
(RALEIGH, N.C.) — North Carolina’s GOP statehouse leaders say the legislature will meet next week to consider redrawing the state’s congressional districts, saying they want to bolster President Donald Trump as the White House continues to encourage Republicans to redistrict mid-decade ahead of next year’s midterm elections.
“President Trump earned a clear mandate from the voters of North Carolina and the rest of the country, and we intend to defend it by drawing an additional Republican Congressional seat,” state Rep. Destin Hall, the speaker of the North Carolina House, wrote in a blog post on Monday.
The Republican-controlled legislature was already scheduled to meet next week. Although North Carolina Gov. Josh Stein is a Democrat, the state’s constitution doesn’t allow him to veto redistricted legislative or congressional maps.
North Carolina’s congressional map is currently being litigated in multiple ongoing lawsuits, according to a roundup from NYU’s Brennan Center for Justice, over allegations the map racially discriminates and is a partisan gerrymander.
Currently, 10 Republicans and four Democrats make up North Carolina’s congressional delegation.
Sen. Phil Berger, the Senate majority leader, wrote Monday, “Picking up where Texas left off, we will hold votes in our October session to redraw North Carolina’s congressional map to ensure Gavin Newsom doesn’t decide the congressional majority,” referencing the the California governor’s Proposition 50 special election, when voters will decide if they want to adopt a map that could help Democrats flip five seats.
House Redistricting Chairmen Brenden Jones and Hugh Blackwell said in a joint statement: “We’re stepping into this redistricting battle because California and the radical left are attempting to rig the system to handpick who runs Congress. This ploy is nothing new, and North Carolina will not stand by while they attempt to stack the deck. President Trump has called on us to fight back, and North Carolina stands ready to level the playing field.”
In response, North Carolina Democratic Party Chair Anderson Clayton called state Republican leaders subservient to Trump and guilty of corruption.
“North Carolina Republicans Phil Berger and Destin Hall are weak subservient cowards willing to steamroll the people of our state so they can give Donald Trump what he wants — power without accountability. Today, [North Carolina General Assembly] Republicans announced they will be tearing up our already brutally gerrymandered congressional maps and redrawing them to give more seats to Congressional Republicans. Let me be clear: maps should not give you power; voters should. When politicians pick their voters instead of voters picking their politicians, that’s not democracy. That’s corruption,” Clayton said in a statement to ABC News.
Stein responded on Monday to the GOP statehouse leaders’ announcement by slamming them for failing voters and calling out how the state legislature has yet to pass a budget.
“The General Assembly works for North Carolina, not Donald Trump,” Stein wrote.
“The Republican leadership in the General Assembly has failed to pass a budget, failed to pay our teachers and law enforcement what they deserve, and failed to fully fund Medicaid. Now they are failing you, the voters. These shameless politicians are abusing their power to take away yours.”
North Carolina Democrats are planning an anti-redistricting rally on Oct. 21 in Raleigh.
(WASHINGTON) — President Donald Trump said Friday that he will send National Guard troops to Memphis, Tennessee, as part of his push to combat crime.
The president said on “Fox & Friends” that he wanted to replicate the results of his deployment of the National Guard in Washington, D.C.
“Memphis is deeply troubled,” he said during the interview. “We’re going to fix that, just like we did in Washington.”
Trump said part of the crime crackdown could include federal forces, National Guard and even “the military, too,” if needed into Memphis.
“And anybody else we need,” Trump said of the forces he planned to send into Memphis.
Trump has said that local leaders across the country should ask for federal help and indicated that he has such backing from Tennessee officials.
“The mayor is happy. He’s a Democrat mayor, the mayor is happy. And the governor, Tennessee, the governor is happy,” he said.
Representatives for the Republican Tennessee Gov. Bill Lee’s office and Democratic Memphis Mayor Paul Young’s office didn’t immediately return messages to ABC News for comment.
Memphis has seen a drop in crime over the last year, according to data from the city.
There have been 29,978 reported crime incidents in Memphis in 2025 as of Sept. 11, a roughly 44% drop from the same period in 2024 when there were 53,805 reported incidents, according to the data.
Homicides in the city dropped nearly 30% during the year with 182 reported incidents in 2025 so far compared to 261 during the same period last year, the data showed.
Trump’s comments on Friday come amid his push to crack down on crime nationwide — including his federal law enforcement surge in Washington, D.C.
However, before Trump began his deployment, the city had seen a two-year decline in crimes, according to police data. As of Friday, there have been 17,806 reported crime incidents in the city so far this year, compared to 19,501 during the same period last year — a nearly 8% drop, the data showed.
Washington, D.C., Attorney General Brian L. Schwalb filed a lawsuit last week that sought to end the D.C. Guard deployment arguing it was a “military occupation.”
Critics have noted that the president has focused his threats of federal deployments on cities that are led by Democratic mayors.
For the last few weeks, Trump has made threats that he was going to send National Guard troops to Chicago, citing its crime rate, and was met with vocal protests from Illinois Gov. JB Pritzker and Mayor Brandon Johnson.
“I want to help people, not hurt them,’ says the guy who just threatened an American city with the Department of War,” Pritzker wrote on X on Monday
The president continued to argue that federal intervention was needed in Chicago.
“You’re about to lose Chicago,” Trump said Friday. “I can fix Chicago, much bigger than D.C., but we can bring in the military. We can bring in the National Guard. We’ll do what we have to do.”
ABC News’ Oren Oppenheim contributed to this report.
