The Ninth Circuit Court of Appeals has dealt a setback to California Governor Gavin Newsom, rebuffing a Clinton-appointed judge.
What Happened?
On June 7, President Donald Trump made the decision to send the National Guard to Los Angeles, citing his constitutional authority. He described the riots targeting anti-immigration and customs enforcement as “a form of rebellion” against U.S. authority.
There was a statement that the President likely acted within his legal rights concerning this deployment.
Despite the unrest, Newsom called for legal action against a U.S. District Court judge who was aligned with him, asserting that he should be in control of the federalized California State Guard.
U.S. District Judge Charles Breyer, appointed by Bill Clinton, sided with Newsom, declaring on June 12 that Trump’s actions were “illegal,” claiming they exceeded his legal authority and violated the 10th Amendment.
In response, Newsom criticized Trump, demanding the return of the National Guard and labeling him “weak.” However, the tide turned when Trump’s administration appealed to the Ninth Circuit, which granted an emergency ruling to restore command of the National Guard back to the President.
Current Developments
A newspaper optimistic about the ruling stated that it believes in the rule of law and expects common sense to prevail, yet that confidence seems misplaced as the situation unfolded.
On Thursday, the Appeals Court panel unanimously sided with Trump, allowing him to regain authority as judged in the previous ruling.
The court opined that Trump likely used his legal authority correctly. It supported the idea that if the President cannot enforce U.S. laws, the National Guard mobilization meets the procedural requirements defined by statute.
It also noted that there were substantial grounds for deploying the National Guard due to disruptions caused by rioters, including interference with federal law enforcement.
- Rioters disrupted federal officers enforcing laws.
- Attacks were reported on vehicles involved in law enforcement.
- Molotov cocktails were thrown, causing property damage.
- Object projectiles were launched at officials defending federal property.
The court clarified that it isn’t limited in authority by Newsom’s objections, emphasizing the governor cannot reject federal orders.
Newsom and other Democrats have suggested that the National Guard’s presence might actually heighten tensions. However, the court found these concerns unsupported compared to the obvious physical damages and injuries incurred by federal personnel.
In light of the ruling, Trump shared his elation, describing it as a validation of his capacity to act in similar circumstances in the future.
He called it a “great victory” for his authority to call the National Guard, asserting that while Newsom may be ineffectual, protecting American citizens remains paramount.
Newsom, expressing disappointment, vowed to continue fighting against what he considered Trump’s overreach of military power.
Justice Breyer may contemplate future restrictions on Trump’s use of the National Guard in Los Angeles, leaving the matter somewhat open-ended.
