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9th Circuit Lets Trump Keep Control of California National Guard

The panel deferred to Trump’s assessment that federal personnel needed protection from violent protests.

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Overview

  • On June 20, a three-judge panel of the Ninth U.S. Circuit Court of Appeals extended a stay on a lower court order and ruled that President Trump can retain control of roughly 4,000 California National Guard troops in Los Angeles.
  • The panel concluded that Trump likely acted within his statutory authority to federalize the guard to secure federal personnel and property after federal immigration raids prompted violent demonstrations.
  • U.S. District Judge Charles Breyer had ruled on June 12 that the deployment was unlawful for failing to coordinate with Gov. Gavin Newsom and lacking evidence of an invasion or rebellion, but that order is paused pending appeal.
  • Governor Newsom criticized the federalization as unconstitutional and vowed to press the challenge through the courts, with California considering a petition to the Supreme Court.
  • The deployment, which also included about 700 U.S. Marines, is the first presidential override of a governor’s National Guard authority since 1965.