Appeals Court Sides with Trump on California National Guard Federalization
A federal appeals court ruled Thursday that President Donald Trump can retain control of the California National Guard, extending a temporary hold on a lower court’s decision that had declared the move unconstitutional.
The decision, issued by a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco, allows Trump to maintain authority over nearly 4,000 National Guard troops deployed in response to protests in Los Angeles following federal ICE raids.
What Led to the Legal Battle?
On June 7, Trump mobilized National Guard troops and 700 U.S. Marines to quell unrest in Los Angeles amid demonstrations against aggressive immigration enforcement.
California Governor Gavin Newsom filed a lawsuit, arguing the federalization:
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Violated U.S. laws on presidential control of state military forces
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Ignored the state’s sovereignty and legal processes
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Misused federal troops in what he called non-rebellious civilian protests
⚖️ Judge Breyer’s Initial Ruling
On June 12, U.S. District Judge Charles Breyer ruled that Trump had unlawfully bypassed coordination with the governor, ordering that control of the Guard be returned to the state.
However, the 9th Circuit quickly issued a temporary stay on that decision — now extended indefinitely while legal proceedings continue.
⚖️ Appeals Court Justification
In its unsigned ruling, the 9th Circuit stated that Trump likely acted within his statutory authority, citing U.S. laws that permit National Guard federalization in cases of:
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Invasion
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Rebellion or risk of rebellion
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Inability of the federal government to enforce laws
The DOJ argued that the president’s emergency determinations are not subject to court review. Newsom countered that the protests were not a rebellion, and that civil law enforcement did not require military intervention.
What Are the Troops Doing?
According to the Trump administration, the Guard and Marines are not engaging directly with protesters, but are instead:
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Protecting federal property
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Shielding ICE facilities and personnel
This distinction, officials claim, avoids violating the Posse Comitatus Act, which restricts the use of the military in domestic law enforcement.
What’s Next?
The appeals court ruling means federal control of the California National Guard will continue until the lawsuit is resolved. However, California may seek an emergency appeal to the U.S. Supreme Court to block Trump’s authority.
