A United States appeals court has upheld the authority of President Donald Trump to maintain control over National Guard troops stationed in Los Angeles, countering the objections raised by California Governor Gavin Newsom.
This ruling, delivered on Thursday, occurs amidst rising tensions in California’s largest city, which has become a focal point for Trump’s immigration policies.
In a unanimous decision spanning 38 pages, a panel of three judges from the San Francisco-based 9th US Circuit Court of Appeals confirmed that President Trump acted within his legal rights when he activated 4,000 National Guard members for a period of 60 days. The purpose, as stated, was to “protect federal personnel performing federal functions and to safeguard federal property.”
The court noted, “Affording appropriate deference to the President’s determination, we conclude that he likely acted within his authority in federalising the National Guard.”
Notably, two of the judges on the panel were appointed by Trump, while the third was appointed by his Democratic predecessor, Joe Biden.
This ruling came after a lower court’s decision had ordered Trump to relinquish control of the California National Guard to Governor Newsom, declaring the president’s decree to deploy troops during protests regarding federal immigration detentions as “illegal.”
This earlier ruling by US District Judge Charles Breyer, which was issued on June 12, prompted the subsequent appeal.
In reaction to the appeals court’s ruling, President Trump celebrated the decision on his Truth Social platform, describing it as a “BIG WIN.”
He expressed, “All over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done.”
California’s state government had maintained that Trump’s order was unlawful, arguing that it did not adhere to the usual protocol which requires such orders to be made through the state’s governor. This event marks a significant moment, as it represents the first instance since 1965 where a US president has deployed National Guard troops against the wishes of a state governor.
The judges concluded that Trump’s “failure to issue the federalisation order directly ‘through’ the Governor of California does not limit his otherwise lawful authority to call up the National Guard.”
However, the panel disagreed with the argument stating that the federalisation decision is completely beyond judicial scrutiny. In their opinion, they clarified that nothing in their decision addressed the specific activities that the federalised National Guard may undertake.
Despite the ruling, Governor Newsom retains the possibility to challenge the deployment of the National Guard and Marines based on other legal grounds, including the prohibition against using troops for domestic law enforcement. He may raise these concerns at a hearing scheduled for Friday in front of Judge Breyer.
Following the court’s ruling, Newsom asserted his commitment to pursue his legal challenge. He stated, “Donald Trump is not a king and not above the law.”
Newsom added, “Tonight, 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. We will not let this authoritarian use of military soldiers against citizens go unchecked.”
image source from：aljazeera
