Washington, DC [US], June 20: A federal appeals court on Thursday allowed US President Donald Trump to maintain the National Guard’s deployment in Los Angeles for now, delivering a temporary legal win for the administration amid rising tensions over immigration enforcement and public protests.
A three-judge panel from the 9th US Circuit Court of Appeals unanimously extended a pause on a lower court’s ruling that deemed Trump’s deployment illegal and ordered him to return control of the troops to California Governor Gavin Newsom.
The panel included Judges Eric Miller and Mark Bennett—both nominated by Trump—and Judge Jennifer Sung, appointed by President Joe Biden.
In their 38-page unsigned decision, the judges stated: “We emphasize, however, that our decision addresses only the facts before us. And although we hold that the President likely has authority to federalize the National Guard, nothing in our decision addresses the nature of the activities in which the federalized National Guard may engage.”
While the court acknowledged that Trump’s actions remain subject to judicial review, it emphasized the need for “high deference” to the President’s statutory authority. The panel concluded that Trump likely acted within his legal powers.
The deployment of thousands of National Guard troops followed violent protests in Los Angeles, some of which involved property damage and attacks on federal officers. Trump’s move was framed as a measure to protect immigration authorities amid the unrest. Governor Newsom and California’s Attorney General challenged the deployment in court.
According to court documents, the plaintiffs acknowledged that some protesters engaged in violent acts, including throwing Molotov cocktails and vandalizing federal property, which the court found substantially obstructed law enforcement efforts.
Trump invoked a federal statute that allows the President to federalize the National Guard in cases of rebellion or when ordinary enforcement of federal laws becomes unfeasible. The appeals panel determined that the latter condition was likely met and did not need to rule on whether the situation qualified as a rebellion.
The panel also dismissed Governor Newsom’s claim that Trump needed his consent to federalize the National Guard, stating that informing the state’s adjutant general was likely sufficient. “The statute does not give governors any veto power over the President’s federalization decision,” the panel ruled.
This appellate decision is a temporary reprieve for the Trump administration, as US District Judge Charles Breyer — who initially ruled against the deployment — is scheduled to hold a hearing on Friday to consider a permanent injunction. Judge Breyer, appointed by former President Bill Clinton, is the brother of retired Supreme Court Justice Stephen Breyer.