Court Permits Trump to Maintain Control Over California Guard
(MENAFN) A federal appeals court handed President Donald Trump a legal victory Thursday, ruling he can maintain authority over thousands of California National Guard troops he deployed to Los Angeles.
The Ninth Circuit Court of Appeals, in a unanimous 38-page decision from a three-judge panel, found that Trump is “substantially likely” to succeed in his appeal. The judges pointed to Title 10, Section 12406 of federal law, which permits a sitting president to assume control of a state's National Guard when regular military forces are insufficient to execute the laws of the United States.
Judges Mark Bennett, Eric Miller, and Jennifer Sung—all part of the panel, including two appointed by Trump—emphasized that courts must afford “considerable deference” to a president’s judgment regarding the necessity of deploying federal forces.
The decision nullifies a June 12 temporary restraining order from District Judge Charles Breyer that would have restored authority over the Guard to California Governor Gavin Newsom. Breyer had ruled that none of the legal criteria—such as insurrection, obstruction of federal law, or interference with justice—were met in this case.
With the restraining order lifted, California National Guard troops will remain available to support U.S. Immigration and Customs Enforcement operations. These include protecting federal facilities and participating in immigration raids. However, state officials have criticized the federal mission, arguing that it pulls critical resources away from tasks like firefighting, disaster response, and anti-narcotics operations, according to local reports.
The appellate court cited heavily from Martin v. Mott, an 1827 Supreme Court case that grants the president wide discretion in deploying state militias. Legal experts say the ruling creates a steep legal hurdle for any state trying to regain authority over its Guard units once they’ve been federalized.
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