Appeals court allows Trump to keep National Guard deployed, for now

Federal Appeals Court Upholds President Trump’s Deployment of National Guard in Los Angeles

In a recent ruling by the 9th U.S. Circuit Court of Appeals, President Donald Trump received judicial support to maintain the deployment of the National Guard in Los Angeles, countering an earlier court decision that deemed the deployment illegal. The panel, consisting of three judges, unanimously decided to extend a stay on the prior judge’s order which would have returned control of the troops to California Governor Gavin Newsom, a Democrat.

Details of the Appeals Court Decision

The court emphasized that while they recognized the President’s likely authority to federalize the National Guard, the particular activities that the federalized forces are participating in were not addressed within this decision. Despite some disagreement with the administration, which argued that the President’s decision wasn’t subject to judicial oversight, the judges maintained they must be highly deferential. They concluded that “Affording the President that deference, it is likely that the President lawfully exercised his statutory authority.

This legal backing comes at a pivotal time as President Trump had deployed the National Guard following violent escalations during protests in Los Angeles, aimed at protecting immigration officers. This action had precipitated a lawsuit from Governor Newsom and the state’s attorney general.

Judicial Analysis and Future Proceedings

The appellate court found substantial ground in the President’s decision, citing recent violent activities at protests which they said likely justified the deployment under federal law. They mentioned, “Plaintiffs’ own submissions state that some protesters threw objects, including Molotov cocktails, and vandalized property,” aligning with the President’s rationale based on significant impediments to federal officers executing laws.

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The panel which included two judges appointed by President Trump, and one appointed by former President Biden, also dismissed Governor Newsom’s argument that the deployment order needed to pass through him for consent, noting that notifying California’s adjutant general likely fulfilled legal requirements.

While this decision represents a temporary victory for President Trump, the issue is set for further examination. U.S. District Judge Charles Breyer, a Clinton appointee, will determine the need for an indefinite injunction in a forthcoming hearing.

Response from California’s Governor

Although Governor Newsom highlighted the court’s admission that the President’s actions were reviewable by the judiciary, he criticized the decision and vowed to continue challenging what he described as an “authoritarian use of U.S. military soldiers against citizens.

This judicial development underscores the ongoing tension between federal authority and state governance, particularly in contexts of civil unrest and the exercise of executive power. The case continues to be a significant indicator of the balance of power between state and federal authorities, especially under the Trump administration’s proactive security policies.