Overview

• In June the Trump administration federalized 4,000 California National Guard troops to Los Angeles after anti-ICE protests escalated into violence.
• Governor Gavin Newsom sued to block the deployment, leading District Judge Charles Breyer to rule that the mobilization was unlawful for bypassing state consent and falling short of legal requisites.
• The administration appealed, contending that the protests amounted to a rebellion and that judicial intervention would undermine the presidential military chain of command.
• During oral arguments, Ninth Circuit judges challenged the Justice Department’s assertion that courts have no role in reviewing presidential orders to federalize state forces.
• The appeals court’s decision will have significant repercussions for the scope of executive authority and the balance of federal and state control over the National Guard.