Overview

• The appeals panel unanimously stayed a lower court’s order that had invalidated Trump’s June 7 federalization of 4,000 California Guardsmen sent to Los Angeles to secure ICE operations
• Judges concluded the president likely satisfied 10 U.S. Code §12406 after protesters attacked federal officers and damaged property during anti-ICE demonstrations
• The court rejected the argument that the deployment decision is immune from judicial review while emphasizing that deference must be given to presidential military judgments
• The panel ruled that notifying California’s adjutant general met the procedural requirement to issue federalization orders “through” the governor without granting the governor veto authority
• U.S. District Judge Charles Breyer will hold a Friday hearing on a preliminary injunction to determine whether control of the Guard should return to Governor Newsom