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A federal appeals court on Thursday sided with President Donald Trump, allowing him to retain control of National Guard troops deployed to Los Angeles in response to protests over immigration raids.
The president celebrated the decision in a post to Truth Social.
“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! 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,” he wrote.
“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 president added.
The decision pauses a lower court ruling that found Trump had acted unlawfully by activating the Guard without the consent of California Gov. Gavin Newsom, a Democrat. It marked the first instance since 1965 of a president deploying a state’s National Guard over a governor’s objections.
The case has broader implications for presidential authority over domestic troop deployments. Trump, a Republican, argued that the troops were necessary to maintain public order. Newsom, however, argued that the deployment undermined state authority and drained resources. The protests have since diminished.
The ruling was issued by a three-judge panel from the 9th U.S. Circuit Court of Appeals. Two of the judges were appointed by Trump. During arguments earlier in the week, all three expressed skepticism about limiting presidential discretion under the federal statute in question and warned against judicial overreach in such matters.
“The protests in Los Angeles fall far short of ‘rebellion,’” Breyer wrote. The judge was appointed by former President Bill Clinton and is the brother of retired U.S. Supreme Court Justice Stephen Breyer.
The Trump administration quickly appealed, arguing that courts should not second-guess presidential decisions in national security matters. The appeals court agreed to a temporary stay, which Thursday’s ruling extended.
