The lawsuit will seek to set aside the president’s order calling up troops in response to protests that spread over the weekend.

White House Press Secretary Karoline Leavitt said President Trump called in the National Guard with the expectation that it would "hopefully prevent and deter some of this violence.”

The last time the National Guard was activated without a governor’s permission was in 1965, when President Lyndon B. Johnson sent troops to protect a civil rights march in Alabama.