The 9th U.S. Circuit Court of Appeals in San Francisco has ruled that President Donald Trump can maintain control of California’s National Guard, pausing U.S. District Judge Charles Breyer’s June 12 order.
Breyer had ruled Trump’s federalization of the Guard unlawful, citing inadequate coordination with Governor Gavin Newsom and no evidence of a rebellion to justify the move.
The appeals court, however, found Trump likely acted within his authority, noting Newsom lacked veto power.
This allows 4,000 National Guard troops and 700 U.S. Marines to stay deployed in Los Angeles amid protests over Trump’s immigration raids.
The deployment, the first without a governor’s consent since 1965, has sparked controversy over military use on U.S. soil.
The appeals court cited protester violence, such as attacks on federal officers and property, to support Trump’s actions, stating, “The federal government’s interest in preventing incidents like these is significant.”
Newsom’s lawsuit argues the federalization escalates tensions and undermines local authority.
A June 20 hearing before Breyer will consider further limits on Trump’s troop use, with broader implications for presidential power over domestic military deployments.
Newsom pledged to pursue his challenge, stating, “The president is not a king and is not above the law.”
Trump, on Truth Social, hailed the ruling as a “great decision for our country,” emphasizing protection for citizens when local forces fall short.
California Attorney General Rob Bonta called the deployment an overreach, asserting local law enforcement handled the protests effectively.
As the case unfolds, it highlights critical questions about federal versus state authority and the military’s role in domestic law enforcement.