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Appeals Court to Weigh Trump’s Control of California National Guard

A three-judge panel will hear Tuesday whether Trump overstepped federal law in seizing command of 4,000 troops sent to Los Angeles

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Marines with 2nd Battalion, 7th Marines, who were placed in an alert status over the weekend to support #USNORTHCOM mission, prepare to depart for the greater Los Angeles area June 9.
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California National Guard and the U.S. Marines stand guard as protesters gather in front of the Edward R. Roybal Federal Building during the ‘No Kings’ protests Day in Los Angeles on Saturday, June 14, 2025. (Photo by Keith Birmingham, Orange County Register/ SCNG)

Overview

  • The 9th Circuit paused Judge Charles Breyer’s June 12 ruling that declared the deployment illegal pending appeal
  • Tuesday’s hearing before Judges Mark Bennett, Eric Miller and Jennifer Sung will focus on whether Title 10 authorized the president to federalize California’s National Guard without Gov. Newsom’s consent
  • President Trump ordered ICE to carry out what he called the largest mass deportation program in U.S. history, targeting major cities including Los Angeles
  • California Attorney General Rob Bonta has argued that no invasion or rebellion justified invoking Title 10 to federalize state troops
  • Protests against the federal troop presence and Trump’s broader immigration enforcement actions have drawn thousands in Los Angeles and nationwide