Appeals Court Allows National Guard to Remain in Los Angeles

A federal appeals court has extended its block of a lower court ruling that would have required President Trump to return control of California's National Guard to Governor Gavin Newsom. The unanimous decision from a three-judge panel of the 9th Circuit Court of Appeals permits approximately 4,000 National Guard troops to remain deployed in Los Angeles, where they have been assigned to protect federal property and support immigration enforcement operations.

The deployment began earlier this month when President Trump invoked Title 10 authority in response to demonstrations against immigration enforcement actions in Los Angeles. Governor Newsom challenged the deployment through legal action, resulting in U.S. District Judge Charles Breyer initially ruling that the president had exceeded his authority. The Trump administration appealed this decision, leading to the current ruling which determined the president likely acted within his legal authority.

The 9th Circuit panel, consisting of two Trump appointees and one Biden appointee, rejected the administration's argument that courts cannot review National Guard deployments but stated judges should be highly deferential to presidential determinations in such matters. The court found that administration officials presented sufficient evidence to establish a basis for invoking Title 10, which permits federalization of the Guard during rebellion or when the president cannot execute federal laws. The panel also determined that gubernatorial permission is not required for such deployments.

Following the ruling, both President Trump and Governor Newsom issued statements expressing their respective positions. The president characterized the decision as affirming executive authority to deploy the National Guard when needed, while Governor Newsom expressed disappointment but noted the court rejected claims that presidential actions in this area are beyond judicial review. Newsom indicated California would continue its legal challenge to the deployment.

The deployment represents a rare instance of federalizing a state's National Guard without gubernatorial request, with the Brennan Center for Justice noting the last such occurrence was in 1965 when President Johnson deployed troops to Alabama to protect civil rights marchers. The current situation developed amid ongoing immigration enforcement operations, which the administration has indicated will expand to additional cities across the country.