Overview

• A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously found that President Trump likely lawfully invoked 10 U.S.C. § 12406 to federalize about 4,000 California National Guard troops in Los Angeles.
• The court rejected the administration’s argument that the deployment is unreviewable but emphasized that judicial oversight must be highly deferential to the president’s decision.
• Judges concluded that notifying the state’s adjutant general satisfied the statute’s requirement to issue orders “through” the governor, dismissing Gov. Newsom’s claim that his consent was necessary.
• U.S. District Judge Charles Breyer had ruled the deployment illegal and ordered Trump to relinquish control, but that decision remains stayed pending appeal.
• A preliminary injunction hearing is set for Friday in the lower court, and California is weighing further appeals, potentially to the Supreme Court.