WASHINGTON, Jun 20 (Alliance News): A US appeals court has allowed former President Donald Trump to retain control of California’s National Guard, despite a legal challenge by the state’s Democratic Governor Gavin Newsom over the federalisation of the troops during protests in Los Angeles.
The San Francisco-based 9th US Circuit Court of Appeals ruled on Thursday that Trump had likely acted within his authority when he called the National Guard into federal service amid civil unrest in Los Angeles, temporarily halting an earlier ruling that found the move unlawful.
The court said the Trump administration had probably complied with requirements to coordinate with Governor Newsom and noted that even if there was a failure to fully consult, the law did not give the governor the right to override the president’s directive. However, the court clarified its decision did not address the legality of the actions taken by the federalised troops.
The appeals court ruling came in response to US District Judge Charles Breyer’s June 12 decision ordering Trump to return control of the California National Guard to the state. Breyer had ruled Trump violated federal law by deploying 4,000 National Guard troops and 700 US Marines to Los Angeles without valid justification, such as rebellion or inability of federal forces to execute laws.
Governor Newsom, in response to the appeals court decision, reiterated his commitment to challenge what he called Trump’s “authoritarian” use of military force. “The president is not a king and is not above the law,” Newsom posted on X. “We will press forward with our challenge.”
Trump celebrated the ruling on Truth Social, calling it “a great decision for our country.” He added, “If our cities and our people need protection, we are the ones to give it to them.”
The deployment followed widespread unrest linked to Trump’s aggressive immigration enforcement policies. California’s lawsuit contends the federal deployment violated both state sovereignty and US laws prohibiting the use of military personnel for domestic law enforcement.
While the Trump administration insists the troops were not enforcing civilian law but protecting federal property and personnel, including ICE officers, Judge Breyer has yet to rule on the legality of the Marine Corps deployment.
The 9th Circuit panel—composed of two Trump appointees and one Biden appointee—acknowledged that courts can review the president’s use of the National Guard, rejecting the Justice Department’s assertion that such decisions are beyond judicial scrutiny.
The court pointed to violent protest actions—such as Molotov cocktails, vandalism, and assaults on federal property—as justification for the emergency powers used by the Trump administration.
A further hearing on the legality of the deployment is scheduled in the coming days, while the legal debate over the scope of presidential authority in deploying federal troops on US soil continues.
