Trump Can Retain Control Of National Guard In LA, Appeals Court Rules

Topline

A federal appeals court on Thursday night ruled that the California National Guard troops—deployed in Los Angeles last week amid protests against the federal government’s crackdown on immigrants—can remain under President Donald Trump’s control while the state’s legal challenge against the deployment moves forward.

California National Guard members guard the Santa Ana Federal Building in Santa Ana.

Los Angeles Times via Getty Images

Key Facts

The Ninth Circuit Court of Appeals ruled that on matters such as federalizing the California National Guard, any decision must be “highly deferential” towards the president, and the court concluded that “ it is likely that the President lawfully exercised his statutory authority.”

However, the ruling disagreed with the White House’s primary argument that such a matter “is completely insulated from judicial review.”

The appellate court ruling blocks an already paused ruling issued by U.S. District Judge Charles Breyer that ordered the president to “return control of the California National Guard to the Governor of the State of California forthwith.”

The ruling only focused on the issue of presidential authority and did not address the claim made in Trump’s order that the protests amounted to a “form of rebellion against the authority of the Government of the United States.”

How Have California Officials Reacted To The Ruling?

California Attorney General Rob Bonta issued a statement saying, “While it is disappointing that our temporary restraining order has been stayed pending the federal government’s appeal, this case is far from over…our state and local law enforcement officers responded effectively to isolated episodes of violence at otherwise peaceful protests and the President deliberately sought to create the very chaos and crises he claimed to be addressing.” Gov. Gavin Newsom wrote on X: “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.”

How Did Trump React To The Ruling?

In a post on his Truth Social platform, the president hailed the ruling as a “BIG WIN,” and attacked the California Governor, saying: “The Judges obviously realized that Gavin Newscum is incompetent and ill prepared.” Trump then signaled he could deploy forces to tackle protests in other states, saying: “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.”

Crucial Quote

The appeals court ruling noted that precedent from earlier rulings cited by the Trump administration, “does not compel us to accept the federal government’s position that the President could federalize the National Guard based on no evidence whatsoever, and that courts would be unable to review a decision that was obviously absurd or made in bad faith.”