Court Allows Trump to Maintain National Guard Presence in Los Angeles
Court Ruling on National Guard Deployment
A federal appeals court panel granted permission on Thursday for President Donald Trump to continue the deployment of the National Guard in Los Angeles, as reported by various news sources.
The unanimous decision from a three-judge panel of the 9th US Circuit Court of Appeals temporarily halted a lower court's ruling that deemed Trump's deployment illegal, which would have required him to return control of the troops to California Governor Gavin Newsom.
This panel consisted of two judges appointed by Trump, Eric Miller and Mark Bennett, along with Judge Jennifer Sung, who was nominated by former President Joe Biden.
In their unsigned 38-page ruling, the appeals panel stated, "We emphasize, however, that our decision addresses only the facts before us. And although we hold that the President likely has authority to federalize the National Guard, nothing in our decision addresses the nature of the activities in which the federalized National Guard may engage."
The judges expressed that they did not concur with the administration's stance that Trump's decision was beyond judicial review. However, they noted the need for a "highly deferential" approach.
The ruling stated, "Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority."
This court order follows Trump's deployment of thousands of National Guard troops aimed at safeguarding immigration officers amid recent protests in Los Angeles, which occasionally turned violent. In response, Newsom and the state's attorney general initiated legal action against Trump's decision.
The ruling from the 9th US Circuit Court of Appeals represents a legal victory for Trump, although it may be temporary. US District Judge Charles Breyer, who previously invalidated the deployment, is scheduled to hold a hearing on Friday regarding the potential issuance of an indefinite injunction. Breyer was appointed by former President Bill Clinton and is the brother of retired Supreme Court Justice Stephen Breyer.
Trump's troop deployment was executed under a statute that allows him to federalize the National Guard in instances of rebellion or when he cannot enforce federal laws with regular forces. The appeals panel indicated that it agreed the latter condition was likely met, thus avoiding the need to determine if a rebellion was occurring.
The judges noted, "Plaintiffs' own submissions state that some protesters threw objects, including Molotov cocktails, and vandalized property. According to the declarations submitted by Defendants, those activities significantly impeded the ability of federal officers to execute the laws."
Furthermore, the judges dismissed Newsom's argument that Trump did not fulfill a statutory requirement to issue his deployment order "through" the governor. Newsom contended that Trump's consent was necessary, but the judges maintained that notifying the adjutant general of the California National Guard was likely adequate. They clarified that the statute "does not give governors any veto power over the President's federalization decision."