A court of appeals ruled Thursday that President Donald Trump can retain control over the National Guard troops he sent to Los Angeles amid protests against an immigration crackdown.
This decision overrides a previous ruling from a lower court, which determined that Trump had acted unlawfully when he deployed the troops without the consent of California Governor Gavin Newsom.
It’s noteworthy that this situation marks the first time since 1965 that a president has mobilized the state’s National Guard without the governor’s approval.
The court stated that it was likely Trump had legitimately invoked his statutory authority in managing federal forces for security purposes.
Furthermore, the judges noted that even if the federal government failed to inform the California governor prior to taking military actions, there was no legal basis for the court to reject the president’s directive.
This ruling could significantly influence presidential powers regarding military deployment within the country, especially since Trump directed immigration officials to focus on deportations in cities with Democratic leadership.
Trump, representing the Republican stance, claimed the military presence was essential for restoring order. In contrast, Newsom, a Democrat, criticized the deployment as exacerbating tensions and misusing resources.
The protests seem to have waned since then.
In visuals from a “No Kings Day” protest on June 14, 2025, demonstrators were seen laying flowers near members of the California State Guard stationed to protect federal buildings.
This decision emerged from a panel of three judges in the 9th U.S. Circuit Court of Appeals, two of whom were appointed by Trump during his first term.
During oral arguments, the judges conveyed that the president likely has broad latitude under the relevant federal law, and they expressed hesitation about intervening in such matters.
The case initially arose when Newsom filed a lawsuit to prevent Trump from having authority over the troops, succeeding early on with a ruling from U.S. District Judge Charles Breyer in San Francisco.
Breyer concluded that Trump had overstepped his legal boundaries.
He wrote, “The protests in Los Angeles do not reach the level of a ‘rebellion’.”
Nevertheless, the Trump administration contended that the court should not overturn the president’s decision and swiftly obtained a temporary suspension from the appellate court.
As it stands, control of the California State Guard will remain under federal authority while the lawsuit continues.
