President Donald Trump has celebrated a “BIG WIN” after a federal appeals court ruled that he can maintain control over thousands of members of California’s National Guard.
On Thursday, the Ninth Circuit Court of Appeals granted a request from Trump to temporarily lift a lower court’s ruling that he had acted illegally when he federalized soldiers earlier this month to strengthen security in Los Angeles amid protests over his immigration policy.
The court rejected arguments from California Governor Gavin Newsom that Trump violated federal law when he seized control of the state’s guard.
“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 on Thursday.
DAVID PASHAEE/Middle East Images/AFP via Getty Images
Why It Matters
On June 7, President Trump took control of California’s National Guard and deployed approximately 4,000 troops to Los Angeles in response to widespread protests and unrest over his immigration policies. He also ordered an additional 700 U.S. Marines into the city.
The move ignited a national debate over the domestic use of military force and sharply escalated political tensions in the nation’s second-most populous city. It marked the first time since 1965 that a president deployed troops in a U.S. state without the consent of its governor.
What To Know
In its decision on Thursday, the three-judge panel unanimously concluded that it was likely Trump lawfully exercised his authority in federalizing control of California’s National Guard.
It said that while presidents do not have unfettered power to seize control of a state’s guard, the Trump administration had presented enough evidence to show it had a defensible rationale for doing so, citing violent acts by protesters.
The court has yet to issue a ruling on the legality of the deployment of the Marines.
The ruling was issued in a lawsuit filed by the state of California against the Trump administration. The lawsuit said that Trump “invoked emergency powers to exceed the bounds of lawful executive authority.”
It added that Trump’s deployment of the National Guard and Marines violated the state’s sovereignty and U.S. laws that forbid federal troops from participating in civilian law enforcement.
The Trump administration has denied that troops were engaging in law enforcement, saying they were instead protecting federal buildings and personnel, including U.S. Immigration and Customs Enforcement (ICE) officers.
Newsom won an early victory in the case after U.S. District Judge Charles Breyer ruled earlier this month that Trump had overstepped his legal authority. He said that presidents could only take control of a state’s National Guard during times of “rebellion or danger of a rebellion.”
“The protests in Los Angeles fall far short of ‘rebellion,'” wrote Breyer.
The law allows a president to federalize state National Guard troops under three conditions: in the event of an invasion, a rebellion or threat of rebellion, or when regular federal forces are unable to enforce the law.
The federal appeals court ruled that the third condition was likely met during the unrest in Los Angeles, citing violent actions by protesters — including throwing objects at immigration vehicles, using dumpsters as battering rams, deploying Molotov cocktails, and damaging property.
While the Justice Department argued that the president’s emergency declaration could not be challenged by courts or state governors, the appeals court rejected that claim, asserting that such decisions are subject to judicial review.
Two judges on the appeals panel were appointed by Trump during his first term.
What People Are Saying
Trump wrote on Truth Social on Thursday: “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!”
Gavin Newsom vowed to pursue his challenge after Thursday’s ruling. “The president is not a king and is not above the law,” he said. “We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against our citizens.”
The court wrote: “The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers. Protesters also damaged federal buildings and caused the closure of at least one federal building. And a federal van was attacked by protesters who smashed in the van’s windows. The federal government’s interest in preventing incidents like these is significant.”
What Happens Next
California could appeal the decision to a full panel of the federal appeals court, or the Supreme Court.
