Appeals court allows Trump to keep control of California National Guard

A US federal appeals court on Thursday ruled that President Donald Trump may retain authority over California’s National Guard, at least temporarily, as a legal challenge by Democratic Governor Gavin Newsom continues.

The decision, handed down by a three-judge panel from the 9th US Circuit Court of Appeals in San Francisco, extends a freeze on a lower court ruling that found Trump had overstepped his legal authority when he federalized the state’s National Guard to respond to unrest in Los Angeles.

The legal dispute began after US District Judge Charles Breyer ruled on June 12 that Trump’s June 7, 2020, decision to deploy 4,000 National Guard troops in Los Angeles violated federal law. Breyer found that Trump failed to coordinate with the state governor and did not meet the legal criteria that allow a president to assume control over state troops, such as an invasion or rebellion.

“The conditions set out under the statute to allow this move… did not exist,” Breyer concluded in his ruling, ordering Trump to relinquish command back to Newsom. However, within hours, the appeals court temporarily blocked that order and has now extended the pause.

The case stems from a June 9 lawsuit filed by California, which argued that Trump's decision infringed on state sovereignty and contradicted laws prohibiting federal military involvement in civilian law enforcement. The state emphasized that while the protests in Los Angeles included scattered violence, they did not amount to a “rebellion,” and local authorities were capable of managing the situation.

The deployment of federal troops, including 700 US Marines sent after the National Guard, sparked a nationwide debate about the domestic use of the military. While the Trump administration insists the troops are not involved in law enforcement, California officials argue otherwise, especially in the context of immigration raids that inflamed tensions.

At a recent hearing, the 9th Circuit panel, which includes two Trump appointees and one appointed by former President Biden, questioned the extent to which courts should intervene in presidential decisions related to military deployments.

The Department of Justice has maintained that a president’s decision to federalize the National Guard in an emergency is not subject to judicial or gubernatorial review.

Meanwhile, the protests in Los Angeles have since de-escalated, and Mayor Karen Bass has lifted the citywide curfew. However, the legal and political battle over the military’s role continues to unfold, with broader implications for federal and state authority during times of civil unrest.