A federal appeals court has ruled that former President Donald Trump can retain control of the California National Guard, temporarily overturning a lower court decision that found his deployment of troops to Los Angeles was likely unlawful.
The Ninth Circuit Court of Appeals issued the unanimous ruling late Thursday, allowing Trump to continue directing National Guard personnel deployed in response to protests over his administration’s immigration policies. The protests, now in their sixth day, have prompted a significant federal response, including the deployment of 700 Marines alongside the National Guard.
California Governor Gavin Newsom filed the original lawsuit, arguing that Trump’s move violated the Tenth Amendment, which preserves state authority in certain matters. The lower court had sided with Newsom, finding that Trump failed to meet legal requirements under Title 10 of the U.S. Code. But the appeals panel — composed of two Trump appointees and one Biden appointee — reversed that decision, stating the President had likely acted within his statutory powers.
In its ruling, the court found that Trump’s use of Title 10, Section 12406 — a provision that allows the President to mobilize the National Guard during rebellion or when regular forces are insufficient — was likely justified. The judges noted, however, that while the unrest in Los Angeles did not amount to a “rebellion,” the threat to federal officials and property created sufficient cause to invoke the law.
Trump celebrated the decision on his social media platform, Truth Social, writing: “The Judges obviously realized that Gavin Newscum is incompetent and ill-prepared… if our Cities and our people need protection, we are the ones to give it to them.”
However, the court also rejected the Trump Administration’s broader claim that its actions were immune from judicial review. In their opinion, the judges emphasized that although courts should defer to presidential judgment in such matters, the federalization of the National Guard is not “completely insulated from judicial oversight.”
Governor Newsom welcomed that aspect of the ruling, saying it set an important precedent. “The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” he said in a post on X, formerly Twitter. “We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”
The legal case remains ongoing, with further hearings expected. The court’s decision to uphold the President’s deployment powers — even temporarily — marks a rare and controversial instance of federal troops being dispatched without a governor’s consent. It is the first time in over 60 years that such action has been taken.
