Appeals Court Backs Trump’s Control Over California National Guard Amid Legal Fight
LOS ANGELES — A federal appeals court has ruled in favor of former President Donald Trump, allowing him to retain command over thousands of California National Guard troops despite opposition from the state’s Democratic leadership.
The 9th U.S. Circuit Court of Appeals sided with Trump in a Thursday decision, granting his request to pause a lower court’s ruling that had ordered him to relinquish control of around 4,000 National Guard members he federalized earlier this month. These troops had been deployed to help manage civil unrest in Los Angeles tied to immigration enforcement protests.
Court Supports Trump’s Legal Authority Under Federal Law
In an unsigned decision, the court stated that “it is likely that the President lawfully exercised his statutory authority” under federal code 10 USC 12406, which allows the president to take control of state National Guard units when local forces are unable to enforce federal law.
The appeals court’s panel included two judges appointed by Trump and one appointed by President Joe Biden. They emphasized that while judicial oversight still applies, a “highly deferential” standard must be used when reviewing presidential military decisions.
The court acknowledged that Trump presented enough evidence to justify the federalization, especially citing incidents where protesters allegedly targeted federal agents and property—actions that hindered the enforcement of federal law.
Challenge from California Governor Gavin Newsom Rejected
California Governor Gavin Newsom had challenged Trump’s actions, arguing that he violated procedures by failing to issue the federalization order “through the governor,” as required by law. However, the court ruled that since Trump’s directive was delivered to California’s top general—who acts as an agent of the governor—the procedural requirement was likely met.
Newsom’s legal team may now escalate the matter to the U.S. Supreme Court in an emergency appeal.
Lower Court Had Previously Ruled Against Trump
Just last week, U.S. District Judge Charles Breyer concluded that Trump had violated multiple provisions of the law and ordered him to return command of the troops to the state. That ruling was quickly put on hold by the appeals court, and Thursday’s decision extends that hold while the legal process continues.
Trump Declares Victory on Truth Social
Following the ruling, Trump celebrated on his Truth Social platform, calling the decision a “BIG WIN.” He asserted that the outcome affirms the federal government’s power to protect American cities when state or local law enforcement cannot.
Ongoing Hearings Ahead
Legal proceedings regarding how Trump is deploying the National Guard in Los Angeles are expected to continue. Judge Breyer has scheduled another hearing for Friday to address further concerns.
