Particle.news

Download on the App Store

9th Circuit Allows Trump to Retain Control of California National Guard

Sustaining a stay on Judge Breyer’s order keeps the deployment intact during upcoming lower court injunction proceedings

Image
Image

Overview

  • A unanimous 3-0 panel of the 9th U.S. Circuit Court of Appeals ruled that President Trump likely acted within his authority when federalizing the California National Guard to respond to violent protests in Los Angeles
  • The appeals court stayed a June 12 district court decision that had found the deployment illegal and ordered command returned to Governor Newsom
  • Trump invoked a rarely used federal statute on June 7 to send about 4,000 National Guard members and 700 U.S. Marines to protect federal personnel after confrontations during ICE raids
  • The court rejected the administration’s claim that presidential deployment orders are beyond judicial review and emphasized that high deference must be afforded to presidential determinations of national emergencies
  • The case returns to U.S. District Judge Charles Breyer for a preliminary injunction hearing, with California officials vowing to continue their legal challenge