Federal Appeals Court Backs Trump’s Control of California National Guard Amid Los Angeles Protests
by Worthy News Washington D.C. Bureau Staff
(Worthy News) – A federal appeals court has ruled that President Donald Trump can retain control of the California National Guard, rejecting a legal challenge from Governor Gavin Newsom over the federalization of troops deployed to address unrest in Los Angeles.
In a decision issued late Thursday, a three-judge panel of the Ninth U.S. Circuit Court of Appeals said Trump lawfully exercised his authority under 10 U.S. Code § 12406(3), which permits the president to federalize the National Guard when regular forces are unable to execute the laws of the United States. The ruling blocks a lower court decision that had ordered Trump to return command of the Guard to Newsom.
The panel, comprising two Trump appointees, Judges Mark Bennett and Eric Miller, and Biden appointee Jennifer Sung, found that the federal government’s interest in protecting agents and property during the protests justified the move. “The undisputed facts demonstrate that before the deployment of the National Guard, protesters pinned down several federal officers and attacked federal property, including damaging vehicles and closing buildings,” the court said.
Trump celebrated the decision on Truth Social, calling it a “BIG WIN.” He wrote, “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.”
Newsom, while welcoming the court’s rejection of Trump’s claim of unchecked presidential authority, expressed disappointment with the outcome. “The President is not a king and is not above the law,” he said. “We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”
The legal dispute stems from Trump’s June 7 order deploying 2,000 National Guard troops to Los Angeles, later increased to 4,000, to support federal officers during protests sparked by immigration enforcement actions. Newsom and state officials argued that the deployment was an overreach, diverted resources needed for other emergencies like wildfires, and inflamed tensions in the city.
U.S. District Judge Charles Breyer had previously ruled in favor of California, finding the deployment unjustified and procedurally flawed because the mobilization order bypassed the governor. But the appeals court disagreed, saying any failure to route the order through Newsom was a technicality that did not limit the president’s authority.
The ruling leaves open questions about whether Trump’s order violates the Posse Comitatus Act, which restricts military involvement in civilian law enforcement. The court said it took no position on whether the Guard could be used for direct law enforcement beyond protecting federal property and agents.
California officials are weighing their next legal steps, which could include seeking review from a larger Ninth Circuit panel or the Supreme Court. Meanwhile, the protests in downtown Los Angeles have eased, and Mayor Karen Bass lifted a curfew that had been imposed earlier this month.
The legal battle underscores ongoing tensions between the Trump administration and Democratic-led states over the limits of federal emergency powers. While Trump has been quick to invoke such powers, courts have handed him mixed outcomes, particularly in cases involving immigration enforcement.
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