A federal appeals court ruled Thursday, June 19, that President Donald Trump can keep control of California’s National Guard. The decision comes as legal challenges continue after he deployed the troops to Los Angeles in response to protests over immigration raids.
The Ninth U.S. Circuit Court of Appeals issued a unanimous decision extending its stay of a lower court ruling that had ordered Trump to return command of the Guard to California Governor Gavin Newsom. The appeals panel found that Trump likely acted within his authority by determining that federal forces were insufficient to enforce U.S. laws.
However, the court stopped short of ruling on the broader legality of how the Guard is being used in Los Angeles, leaving that question for future proceedings.
Why did Trump federalize the National Guard?
Trump took control of the California National Guard on June 7, sending 4,000 Guard members and 700 U.S. Marines to Los Angeles following protests that escalated after federal immigration workplace raids. Demonstrators clashed with law enforcement. They threw objects at immigration vehicles, rammed barriers with dumpsters, launched Molotov cocktails and damaged property.
Citing these conditions, the appeals court concluded that Trump met the threshold requiring federal action when existing federal forces are insufficient to enforce U.S. law.
What’s the legal fight about?
Newsom sued Trump, arguing the deployment violated state sovereignty and federal law, including the Posse Comitatus Act, which generally bars military involvement in civilian law enforcement.
U.S. District Judge Charles Breyer initially ruled in Newsom’s favor, saying the conditions did not meet the statute’s requirements and that Trump failed to properly coordinate with the governor.
However, the appeals court disagreed, stating that even if procedural violations occurred, they did not justify stripping Trump of command authority. The court also rejected arguments from the Trump administration that presidential decisions to federalize the Guard should be entirely shielded from judicial review.
What’s next?
The legal battle continues. On Friday, June 20, Breyer will hold further hearings to consider additional limits on how federalized troops may be used in Los Angeles, including whether they can accompany Immigration and Customs Enforcement agents during operations.
Trump defended his actions, calling the court ruling “a great decision for our country.” Newsom responded that “the president is not a king and is not above the law,” vowing to keep fighting the deployments in court.
