The White House has repeatedly insisted that the troops are there solely to protect federal property and personnel, not to police civilians. Newsom and California Attorney General Rob Bonta called the mobilization an illegal breach of state sovereignty.
Breyer had sided with the state last week in ruling that Trump did not follow procedures set out by Congress when he federalized the troops without telling Newsom, issuing the order through the California Guard’s adjutant general instead.
But the appeals court ruled that Trump “likely met the procedural requirement” by telling the general because he is “an agent” of the governor, and judges noted that the law does not afford Newsom veto power over the president’s federalization decisions.
The court also said that “irreparable harm and the public interest” is on the president’s side due to the need to protect federal agents and property.
Trump began calling up troops June 7, eventually mobilizing 4,000 National Guard troops and 700 U.S. Marines to respond to protests in and around L.A. that broke out in response to immigration deportation raids. California sued, arguing that the mobilization was illegal because the state did not request or consent to the military deployment. Under ordinary circumstances, National Guard troops are under the command of state governors.
After the appeals court ruled Thursday, both sides claimed victory.
“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard!” Trump wrote 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.”
Newsom, however, noted that the appeals court rebuffed the president’s argument that the courts didn’t have the right to review the case.
“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. 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,” Newsom said in a statement Thursday night.
Later Friday, Vice President J.D. Vance will be in L.A. to visit with the troops deployed there.
