A federal appeals court in San Francisco heard arguments on Tuesday regarding the control of National Guard troops deployed in California following protests related to immigration raids in Los Angeles.
The 9th U.S. Circuit Court of Appeals granted a request by the Trump administration last week to temporarily halt a lower court order that mandated President Donald Trump return control of the National Guard to California’s Democratic Governor, Gavin Newsom.
In a video hearing, Judge Mark Bennett, appointed by Trump, inquired whether the Department of Justice believed the courts had no role in arbitrating the president’s authority over the National Guard.
Attorney Brett Shumate responded, asserting, “No, there’s no role for the court to play in reviewing that decision.”
He cited a statute stating that the president can enlist federal service members and National Guard units from any state as deemed necessary, emphasizing that the language is clear.
Shumate referenced the ongoing protests in Los Angeles, arguing that the presence of the National Guard is vital to protect federal officers and facilities.
A ruling from U.S. District Judge Charles Breyer earlier determined that the deployment exceeded President Trump’s authority and was therefore illegal.
He issued a temporary restraining order allowing Governor Newsom to regain control of the National Guard, although this ruling did not apply to the Marines present in Los Angeles at that time.
The Trump administration contended that the National Guard’s deployment was critical for restoring order and safeguarding federal assets.
In his lawsuit, Newsom accused President Trump of exacerbating tensions, violating state rights, and squandering resources.
Labeling the demand for federal command of California’s National Guard as
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