The Ninth Circuit Court of Appeals has ruled that President Trump is allowed to keep control of National Guard troops deployed to Los Angeles despite objections from Democrat city officials and Governor Gavin Newsom.
The unanimous decision late Thursday stayed a lower court’s ruling that ordered command of the troops back to Newsom.
Trump deployed the troops earlier this month in response to ongoing protests against his crackdown on criminal illegal aliens. Newsom and other local officials have called it an unnecessary provocation.
A three-judge panel said the president was within his rights to order the troops into service to protect federal personnel and property.
“Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when the President is unable with the regular forces to execute the laws of the United States,” the court stated.
The judges said Trump’s “failure to issue the federalization order directly ‘through’ the Governor of California does not limit his otherwise lawful authority to call up the National Guard.”
Trump on Truth Social called the decision a “big win.”
“The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but 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, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!”
The judges, however, disagreed with one aspect of the administration’s argument, saying Trump’s decision to use the troops was not “completely insulated from judicial review.”
Newsom seized on this part of the ruling to further the Democrats’ “no kings” messaging.
“Donald Trump is not a king and not above the law,” the governor wrote on X, Thursday night, framing the decision as a victory for his side. “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.”
He added: “We will not let this authoritarian use of military soldiers against citizens go unchecked.”
The Trump administration has had to deploy around 4,000 troops to Los Angeles to protect federal immigration agents and federal property during raids, due to the sanctuary policies of the city and state.
Over Newsom’s objections, Trump also ordered 700 Marines to the city to protect federal property and federal immigration agents from violent and organized anti-ICE agitators.
“Due to increased threats to federal law enforcement officers and federal buildings, approximately 700 active-duty U.S. Marines from Camp Pendleton are being deployed to Los Angeles to restore order,” Defense Secretary Pete Hegseth posted on social media on June 9. “We have an obligation to defend federal law enforcement officers – even if Gavin Newsom will not.”