Ninth Circuit Court Upholds Trump’s Authority to Federalize California National Guard

A Ninth Circuit appeals court panel overturned a lower court’s temporary restraining order, granting President Trump’s administration the authority to federalize the California National Guard. This decision allows the deployment of National Guard troops to support federal law enforcement in Los Angeles, despite Governor Newsom’s opposition.

The court’s ruling hinges on a statutory interpretation of the President’s power to federalize National Guard units when regular forces are insufficient to execute federal laws. The panel found that the President’s actions likely fall under this provision, rejecting arguments that the President must achieve a certain level of enforcement before federalizing the Guard, or that orders must be transmitted through the Governor.

While acknowledging the President’s authority isn’t unlimited, the court determined that the administration demonstrated a likelihood of success on appeal. The decision has sparked controversy, with California’s Attorney General and Governor expressing their intent to continue legal action. The ACLU also voiced concerns about the precedent set, citing potential threats to state sovereignty and civil liberties.

The appellate panel consisted of two Trump appointees and one Biden appointee. The case now proceeds to a full appeal.

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