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Appeals Court Signals It May Have Limited Power In Trump National Guar

Leo Migdal
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appeals court signals it may have limited power in trump national guar

A federal appeals court panel late Thursday allowed President Trump to keep the National Guard deployed in Los Angeles, for now. The three-judge 9th U.S. Circuit Court of Appeals panel unanimously extended its pause of a judge’s order finding Trump’s deployment illegal and forcing him to return control of the troops to California Gov. Gavin Newsom (D). “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...

The panel said it disagreed with the administration that Trump’s decision isn’t reviewable by the courts, but the judges acknowledged they must be “highly deferential.” “Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority,” the opinion reads. Members of the California National Guard stand guard outside the Federal Building before a curfew takes effect in Los Angeles on June 10, 2025. Credit - Benjamin Hanson—Middle East Images/AFP via Getty President Donald Trump can maintain control of the California National Guard, a federal appeals court has ruled, overturning an earlier decision that found the President’s mobilization of the troops was “illegal.” The ruling by the Ninth Circuit Court of Appeals is temporary, but allows the President to continue directing the thousands of National Guard members he has deployed to Los Angeles to quell multi-day protests...

Their deployment was subject to a lawsuit filed by California Gov. Gavin Newsom, who argued the President violated the Tenth Amendment, which lays out the powers of state and the federal government. Seven hundred Marines have also been sent to L.A. The unanimous opinion, delivered by a three-panel judge panel made up of two Trump appointees and another appointed by President Joe Biden, reversed a lower court decision that found Trump did not satisfy the... Read more: Can the President Activate a State’s National Guard? SAN FRANCISCO -- A panel of federal judges appeared sympathetic to the Trump administration's arguments in a Tuesday court hearing about the President's deployment of California National Guard troops without first notifying Gov.

Gavin Newsom. In a high stakes virtual hearing in the 9th U.S. Circuit Court of Appeals, the Department of Justice argued that President Donald Trump lawfully exercised his executive power when he sent soldiers to help protect federal officers and buildings in Los Angeles protests over... Last Thursday, San Francisco U.S. District Judge Charles Breyer sided with California in a temporary order that would have returned control of the National Guard back to Newsom. Hours later, the appellate judges temporarily blocked Breyer's ruling ahead of their Tuesday hearing.

PREVIOUS: Trump can keep National Guard in LA for now after appeals court blocks order The lawsuit was filed last Monday after President Trump issued a Saturday memo to the Department of Defense ordering "at least" 2,000 National Guard members for 60 days minimum. Updated on: June 17, 2025 / 4:57 PM EDT / CBS News Washington — A federal appeals court in San Francisco weighed Tuesday whether President Trump can continue with his deployment of California's National Guard in Los Angeles to protect federal immigration authorities during enforcement operations... The three-judge panel on the U.S. Court of Appeals for the 9th Circuit heard arguments on a Justice Department request for it to halt a district judge's order that required Mr.

Trump to return control of the National Guard to Gov. Gavin Newsom while the court fight moves forward. Newsom, a Democrat, objects to the federalization of the National Guard in Los Angeles. Brett Shumate, an assistant attorney general with the Justice Department, said Mr. Trump's decision to call National Guard troops into federal service under a law known as Title 10 is unreviewable by courts, regardless of the facts of the case. If the panel were to side with California, he warned, "it puts Article III judges on a collision course with the commander-in-chief."

Shumate said that California's interpretation of the law is "dangerous" and would allow Newsom to issue a "pocket veto" of any future orders from Mr. Trump. He said it's "essential" that the district court's injunction be lifted and said leaving it intact would put "lives and property at risk." A federal judge sided on Thursday with California Gov. Gavin Newsom in the case against President Trump over his decision to federalize National Guard troops in response to anti-ICE protests in LA. But an appeals court temporarily blocked that decision.

National Guard troops in California remain under President Trump's command for now. A judge ruled the president violated the law when he ordered the deployment of the California Guard without the approval of Governor Gavin Newsom. The judge said power must return to the state, but an appeals court quickly put the ruling on hold. In a few minutes, we'll hear from NPR's Domenico Montanaro about the political reaction to Trump's immigration policies and the protests against them, but we're going to start with the details of the National... CapRadio's Laura Fitzgerald is covering this story from California. Good morning.

LAURA FITZGERALD, BYLINE: Good morning, Steve. FITZGERALD: Well, the central question here is, who is in charge of 4,000 National Guard troops that have been in LA for almost a week? Normally, governors control their state National Guards, but in this case, Trump federalized them against Governor Gavin Newsom's wishes. This happened a day after protests broke out in pockets of Downtown LA in response to a series of ICE raids. City and state officials have insisted they didn't need the National Guard there. They said they already had enough resources - local law enforcement - to maintain order.

And Newsom said Trump calling in the National Guard would only make tensions worse, and so Newsom sued the Trump administration. An appeals court on Thursday allowed President Donald Trump to keep control of National Guard troops he deployed to Los Angeles following protests over immigration raids. The decision halts a ruling from a lower court judge who found Trump acted illegally when he activated the soldiers over opposition from California Gov. Gavin Newsom. The deployment was the first by a president of a state National Guard without the governor’s permission since 1965. In its decision, a three-judge panel on the 9th U.S.

Circuit Court of Appeals unanimously concluded it was likely Trump lawfully exercised his authority in federalizing control of the guard. It said that while presidents don’t have unfettered power to seize control of a state’s guard, the Trump administration had presented enough evidence to show it had a defensible rationale for doing so, citing... Gov. Gavin Newsom’s lawsuit over President Trump’s deployment of the Marines and National Guard to Los Angeles could influence how future presidents respond to domestic unrest. Welcome to CalMatters, the only nonprofit newsroom devoted solely to covering issues that affect all Californians. Sign up for WhatMatters to receive the latest news and commentary on the most important issues in the Golden State.

A federal appeals court is allowing President Donald Trump’s deployment of California National Guard soldiers to continue while it considers Trump’s challenge to a lower court’s decision that found he illegally mobilized those troops... Gavin Newsom. The 9th Circuit Court of Appeals will hear the case June 17. The soldiers can remain in the city at least until then, barring any other legal moves by Newsom’s team. The appeals court issued its pause just hours after Judge Charles Breyer wrote that Trump’s “actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the... A Ninth Circuit Court of Appeals ruling Monday will allow the Trump administration to deploy National Guard troops in Portland — an important legal victory in a showdown over presidential power that’s happening on...

The ruling overturns one of two lower court decisions to block the deployment as the appeal process plays out, but because the second decision is still in force, the troops can’t immediately be deployed. The three-judge panel weighed in on a temporary restraining order issued by US District Judge Karin Immergut, who last week ruled to extend two temporary restraining orders barring the deployment of federal troops to... In light of the appellate court’s ruling, the Trump administration is asking that Judge Immergut’s second order be thrown out or paused, arguing in a Monday evening filing that both lower court orders relied... President Donald Trump’s success in Oregon comes days after he urged the Supreme Court to allow him to deploy the National Guard in Chicago in an emergency appeal of a lower court order that...

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