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President Donald Trump can maintain control of California's National Guard in Los Angeles for now after the Ninth U.S. Circuit Court of Appeals ruled that he likely acted within his authority. The panel stayed an earlier order by U.S. District Judge Charles Breyer that would have returned the troops to Gov. Gavin Newsom.
The decision came in Newsom v. Trump, a lawsuit filed on June 9 by the governor challenging the federal deployment. Gov. Newsom had called the move "illegal and immoral" and argued it infringed on California's sovereignty. Breyer's initial temporary restraining order said Trump likely exceeded statutory authority and violated the 10th Amendment by failing to coordinate properly with the governor.
The 9th Circuit reversed that decision, finding that Trump probably met the legal requirement under Title 10, Section 12406, by citing threats to federal personnel and property. The court also said courts may review such presidential decisions but must apply a highly deferential standard.
Newsom responded in a statement: "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 our citizens". He emphasized that the deployment undermines California's authority over its own National Guard and inflames tensions rather than calming unrest.
Newsom's team also notes that federalizing the Guard without consent was rare—it is the first such invocation since 1965—and that the move could violate the Posse Comitatus Act, which limits military involvement in civilian law enforcement.
The federal government has stated that the National Guard is guarding federal buildings and personnel, including U.S. Immigration and Customs Enforcement agents, and not performing civilian law enforcement functions. But Attorney General Rob Bonta and California officials have raised concerns that troops are operating far outside L.A. and maybe participating indirectly in immigration raids.
Legal experts point to the complexity of the case. Christopher Mirasola, an assistant law professor at the University of Houston Law Center, said, "It's kind of hard to disentangle the two processes when we think about how Judge Breyer will be weighing," about the injunction hearing against the appellate decision.
The 9th Circuit ruling emphasized that the president may act when regular forces cannot execute federal law, even if a governor disagrees. The judges noted evidence of protesters confronting federal officers and damaging property as justification for their actions.
Trump praised the appellate court's decision in a social media post, calling it a "BIG WIN" and suggesting it could pave the way for similar actions elsewhere. "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," he wrote.
Newsom responded by warning that California may only be the first state to face such a deployment if the ruling stands. He and others warn that executive deployment of military forces without state approval could weaken federalism and set a precedent for future federal law enforcement actions. Retired military leaders have filed amicus briefs in support of the state challenge, citing worries over the Posse Comitatus Act and potential political misuse of military power.
For the first time in over 60 years, a president overrode a governor's objections to seize leadership of a state guard. Previously, this occurred two times - In 1957, President Dwight D. Eisenhower federalized the Arkansas National Guard and sent U.S. Army troops to Little Rock after Governor Orval Faubus resisted school desegregation orders following the Brown v. Board of Education ruling. Similarly, in 1962, President John F. Kennedy federalized Mississippi's Guard to ensure the enrollment of James Meredith at the University of Mississippi over Governor Ross Barnett's objections. Both actions were justified under the president's authority to enforce federal court rulings and maintain public order.
The 9th Circuit panel is comprised of two judges appointed by Trump during his first term and one appointee of Democratic former President Joe Biden.
