U.S. Court of Appeals Allows Trump to Retain Control of California National Guard

A federal appeals court has allowed former President Donald Trump to retain control of the California National Guard troops deployed in Los Angeles, temporarily blocking a previous court order that had transferred authority back to Governor Gavin Newsom.

The three-judge panel of the Ninth Circuit unanimously ruled that Trump likely acted within his statutory authority under Title 10 of U.S. Code—which allows federalization of state Guard units during rebellions or threats to federal functions—and that Gavin Newsom lacks veto power even if he was not formally notified. The court noted that violent incidents involving protesters targeting federal officers and buildings provided a plausible justification.

This case marks the first instance since 1965 of a president federalizing a state National Guard without gubernatorial consent. The troops had been deployed in early June to support federal immigration enforcement efforts, with approximately 4,000 Guardsmen and 700 active-duty Marines stationed in Los Angeles.

California Attorney General and Governor have signaled intent to appeal the decision to a larger panel or the Supreme Court, contesting the constitutionality of the deployment under Tenth Amendment and Posse Comitatus Act standards.