The 9th Circuit U.S. Court of Appeals ruled Thursday night that President Donald Trump can retain control of the California National Guard, rejecting a lower court’s decision that found his deployment of troops to Los Angeles unlawful.
The decision comes amid ongoing conflict between Trump and California Governor Gavin Newsom over the president's handling of widespread protests in the state.
Highlights
- The 9th Circuit Court ruled Trump can keep control of the California National Guard deployed to LA amid anti-ICE protests.
- The court rejected a lower ruling that deemed Trump's deployment unlawful, siding with presidential authority during emergencies.
- Judges noted that the protests' violence met the criteria for federalizing the National Guard under rebellion or danger of rebellion.
Newsom had sued the Trump administration for deploying 4,000 National Guard troops during the anti-ICE protests in Los Angeles this month.
A U.S. Court of Appeals ruled that Trump can retain control of the California National Guard in LA
Image credits: Spencer Platt/Getty Images
The 9th U.S. Circuit Court of Appeals extended its stay on a June 12 ruling from U.S. District Judge Charles Breyer, who had found that Trump had violated federal law and impinged on state authority.
Breyer had found that the deployment exceeded Trump’s statutory authority, violated the Tenth Amendment of the U.S. Constitution, and was illegal.
The current panel was composed of two Trump-appointed judges and one appointed by former President Joe Biden.
The judges noted that the president may federalize the National Guard during a “rebellion or danger of a rebellion against the government.”
Image credits: Shay Horse/Getty Images
The court cited that this condition had been met when protesters hurled items at immigration authorities' vehicles, used a trash dumpster as battering rams, threw Molotov cocktails and vandalized property.
The judges also wrote that since Defense Secretary Pete Hegseth notified the Adjutant General of the California National Guard, it “likely satisfied the statute’s procedural requirement that federalization orders be issued ‘through’ the Governor.”
They further added that once the president determines there is an emergency that warrants the use of the National Guard, no court or state governor can review that decision.
The lawsuit against the Trump administration said that the situation in L.A. was nothing like a “rebellion.”
While the protests involved sporadic acts of violence, local law enforcement was capable of handling them without military involvement, it added.
Image credits: The White House/ Flickr
The Trump administration has denied that troops are engaging in law enforcement. They said they are protecting federal buildings and personnel.
The deployment followed days of mass protests across L.A. in response to a wave of ICE (Immigration and Customs Enforcement) raids.
Demonstrators rallied outside federal buildings and immigration detention centers, protesting Trump’s immigration policies.
In response to the appeals court's decision, Trump hailed it as a major victory.
“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard,” he posted on Truth Social.
“The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done.
“This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!"
Governor Newsom, meanwhile, vowed to continue legal challenges.
Trump has sent 4,000 National Guard members and 700 Marines to L.A. amid the anti-ICE protests
Image credits: Justin Sullivan/Getty Images
“The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” Newsom said in a statement.
“The President is not a king and is not above the law. We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”
A few days ago, he said at a press conference that Trump was inflaming tensions on purpose, following the emergency curfew that was placed on the city between 8 p.m. and 6 a.m.
Image credits: David McNew/Getty Images
California Attorney General Rob Bonta, who filed the lawsuit on behalf of the state, echoed that sentiment.
“This case is far from over,” Bonta said.
In the meantime, the National Guard remains stationed in L.A., patrolling areas around federal buildings and immigration facilities.