Overview

• On June 17, a three-judge panel heard the Trump administration’s appeal after a lower court ruled the federalization of 4,000 National Guard troops and 700 Marines in Los Angeles as unlawful
• U.S. District Judge Charles Breyer found the deployment exceeded presidential authority under Title 10 and ordered the Guard returned to Governor Newsom, but the 9th Circuit temporarily stayed that order
• The panel, comprising two judges appointed by Trump and one by Biden, will assess if the president bypassed required congressional procedures for activating state National Guard units
• Governor Newsom and California officials contend the move violated state sovereignty and inflamed protest tensions, while the administration maintains the troops were needed to safeguard federal property
• A decision is expected within days and could redefine the balance of power over National Guard control, with the losing side likely to seek review by the full 9th Circuit or the Supreme Court