Appeals Court Rules Trump Administration Maintains Control of California National Guard Troops for Now
A federal appeals court has upheld the Trump administration’s decision to maintain control of several thousand National Guard troops in California, specifically allowing their deployment in Los Angeles. This ruling came late Thursday and paused a lower court’s decision that deemed President Trump’s federalization of the guardsmen unlawful. A three-judge panel from the 9th U.S. Circuit Court of Appeals will review the case, keeping Trump’s directives in place while further litigation occurs.
Earlier on the same day, a federal judge temporarily halted the deployment in Los Angeles, asserting that the federal government lacked the authority to nationalize California’s National Guard. U.S. District Judge Charles Breyer issued a temporary restraining order after a hearing in a San Francisco court, marking a significant setback for Trump, who had escalated the number of California National Guard troops under his command in response to protests linked to Immigration and Customs Enforcement raids. California Governor Gavin Newsom has vocally opposed the deployment, contending that the militarized presence would only escalate tensions. Newsom argued that the Trump administration failed to follow proper protocol for federalizing the National Guard, emphasizing that the directive was neither communicated to nor approved by the Governor—requirements established by federal law.
Following a letter sent by Newsom and a legal challenge from California Attorney General Rob Bonta, Judge Breyer appeared to align with their concerns, stating that Trump exceeded his authority by not notifying the governor. Although government attorneys defended the administration’s actions, Breyer stated that these actions violated both the statutory authority and the Tenth Amendment. In response to the ruling, Newsom celebrated the court’s decision as significant for constitutional democracy and expressed hope for a shift against presidential overreach. Meanwhile, Justice Department attorneys criticized the ruling as an infringement on presidential powers, arguing that it interfered with the President’s constitutional authority as Commander in Chief.
Notably, Breyer’s order does not affect the deployment of 700 Marines to Los Angeles, over which the state has no control.