CIRCUIT COURT DECISION: J.G.G. v. Trump (DC Circuit, No. 25-5067) (Denying Government’s Emergency Motion for Stay) (2-1 Decision)

Excerpt (Judge Henderson):  “The term ‘invasion’ was well known to the Fifth Congress and the American public circa 1798. The phrase echoes throughout the Constitution ratified by the people just nine years before. And in every instance, it is used in a military sense. For example, the Guarantee Clause provides that ‘[t]he United States shall . . . protect each [State] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.’ U.S. Const. art. IV, § 4. The clause is a federal guarantee to the states against attack from without (invasion) or within (insurrection). In describing the clause, the Federalist Papers refer to invasion and domestic violence as ‘bloody’ affairs involving ‘military talents and experience’ and ‘an appeal to the sword.'”