Appeals Court Backs Trump, Rules National Guard Deployment in California Is Legal

A federal appeals court has cleared the way for President Trump to continue federal control of California’s National Guard during protests in Los Angeles, rejecting a lower court’s ruling that he overstepped his authority.

What the Court Decided

The Ninth U.S. Circuit Court of Appeals paused a temporary restraining order issued by U.S. District Judge Charles Breyer, who had ruled Trump lacked legal authority and ordered control of the Guard returned to Governor Gavin Newsom. The appellate panel unanimously found Trump likely acted within his rights under Title 10 U.S.C. § 12406, which allows federal forces to be used when “regular forces” cannot enforce federal laws.

The judges emphasized that courts must be “highly deferential” to presidential decisions in matters of national security, reversing the lower court’s findings as beyond judicial oversight. However, they noted such actions are still subject to limited review, such as flagrant abuses or bad faith actions.

Why It Matters

• Federal vs. State Power: This ruling deepens a pivotal legal battle over whether a president can federalize a state’s National Guard without the governor’s consent.

• Protests and Public Order: Trump deployed roughly 4,100 Guard members and 700 Marines in response to demonstrations sparked by anti-ICE protests in early June.

• Legal Precedent: The court grounded its decision in Martin v. Mott (1827), a nearly 200-year-old case affirming strong deference to presidencies in National Guard decisions.

• Governor Newsom plans to escalate the case to the Supreme Court; meanwhile, other legal avenues—like Tenth Amendment and Posse Comitatus concerns—remain under evaluation by the district judge.

Bottom Line

The Ninth Circuit ruled that presidential authority to federalize the National Guard is broad and that courts should generally defer to executive judgment—unless it crosses an “obviously absurd” line. Governor Newsom vows to keep fighting in court.