President Donald Trump is within his rights to deploy the California National Guard amid protests against federal law enforcement over immigration raids, an appeals court ruled Thursday night.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the federal government made a required “strong showing” in arguing it would prevail against California’s challenge to the legality of the deployment of troops usually under the governor’s control.
The court stated that it disagreed with the Trump administration’s stance that “The President’s decision to federalize members of the California National Guard … is completely insulated from judicial review.”
But it argued the office of the president carries unusual weight in the matter.
“Under longstanding precedent … our review of that decision must be highly deferential” to the president, the panel wrote in its ruling. “Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority.”
The recent activation of the National Guard troops to Los Angeles was the first by a president without the governor’s permission since 1965.
Trump and members of his administration argued that protesters angry over immigration raids in Los Angeles, many of whom gathered outside federal buildings in the region, were not under the control of local police.
Additionally, the panel said, even if the governor didn’t agree with the deployment this month, using the defense secretary to order the troops into action was a legal avenue that “likely satisfied the statute’s procedural requirement that federalization orders be issued ‘through’ the Governor,” it said.
Thursday night’s ruling overturned a temporary restraining order that had been paused during appeals.
The panel said, “Our conclusion that it is likely that the President’s order federalizing members of the California National Guard was authorized.”
It also argues that the temporary restraining order could have done harm to “the public interest” at a time of mass protest.
The court granted a motion to stay the lower court’s order during further appeals, which gives control of the troops to Trump.
Trump celebrated the ruling, calling it a “BIG WIN … on the President’s core power” on his social media platform Truth Social
“This is much bigger than Gavin, because 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,” Trump said. “This is a Great Decision for our Country.”
Newsom “expressed disappointment” that the court is allowing Trump to retain control of the California National Guard, but he saw hope in the ruling, too.
“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,” Newsom said in a statement. “The President is not a king and is not above the law. We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”
State Attorney General Rob Bonta added in his own statement, “This case is far from over.”
Bonta filed the federal lawsuit against the Trump administration on June 9, arguing that Trump’s federalization of the troops was “unlawful” and “infringes on Governor Newsom’s role as Commander-in-Chief of the California National Guard.”
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