Appeals Court Extends Trump’s Authority to Deploy National Guard in Los Angeles

Appeals Court Backs Trump on National Guard Deployment in Los Angeles, Blocks Judge’s Order

WASHINGTON — A federal appeals court on Thursday sided with President Trump, extending its block of a lower court ruling that had ordered him to return control of California’s National Guard to Governor Gavin Newsom.

In a unanimous decision, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the president likely acted within his legal authority under Title 10, a law that permits the federalization of the National Guard during rebellion or to enforce federal law.

The ruling allows the continued deployment of about 4,000 National Guard troops in Los Angeles, where they’ve been assisting federal agents and protecting government property during heightened immigration enforcement operations. Roughly 700 U.S. Marines have also been deployed to the region.

Governor Newsom, a Democrat, sued the administration, arguing that Trump’s use of troops was unlawful and exceeded his authority. A federal judge in San Francisco, Charles Breyer, agreed last week and ordered the president to return control of the Guard to the state — a decision that applied only to the Guard, not the Marines.

But the 9th Circuit reversed course, stating that Trump had a “colorable basis” for invoking Title 10 due to reports of protesters interfering with immigration agents. The judges, including two Trump appointees and one Biden appointee, acknowledged courts can review such decisions but emphasized the need for judicial deference to presidential authority in national security matters.

The panel also rejected the argument that Trump needed Newsom’s approval, writing that Title 10’s requirement to go "through the governors" does not grant governors a veto over federal deployment decisions.

The court’s order will remain in effect while the legal battle over the Guard’s deployment continues.

Trump Cites “Rebellion” in LA Protests as California Slams National Guard Deployment as Overreach

President Trump’s decision to federalize California’s National Guard in response to protests in Los Angeles has sparked a fierce legal and political battle, with the Justice Department defending the move as lawful under Title 10, and California officials condemning it as an "extraordinary step" that bypassed state authority.

In a June 7 memo, Trump declared the protests — which erupted in response to widespread immigration raids — amounted to a “form of rebellion” against the United States, justifying the use of federal troops to protect federal property and support immigration enforcement. Defense Secretary Pete Hegseth, following Trump’s directive, transferred control of the California National Guard from Governor Gavin Newsom to federal command.

Justice Department attorneys told the 9th Circuit Court of Appeals that courts had no role in reviewing the president’s military decisions, emphasizing that Title 10 grants broad discretion to the commander-in-chief. DOJ lawyer Brett Shumate warned that leaving a lower court's ruling in place — which had ordered the return of control to the state — would place the judiciary “on a collision course with the commander in chief” and jeopardize lives and property.

California officials strongly disagreed. Deputy Solicitor General Sam Harbourt argued the administration failed to pursue less aggressive measures before deploying troops, calling the move both provocative and unnecessary. Harbourt said the presence of troops on the streets of Los Angeles risked inflaming tensions and noted Trump had not consulted Governor Newsom, violating longstanding norms and the intent of Title 10.

“This kind of federalization of state troops, without the governor’s consent, is virtually unprecedented in modern history,” Harbourt told the court. Indeed, the last similar action occurred in 1965, when President Lyndon B. Johnson deployed the Guard to Alabama during the civil rights movement.

Trump, meanwhile, has escalated his immigration enforcement push, declaring on social media that his administration is working toward “the single largest mass deportation program in history.” He said operations will expand to additional cities, including Chicago and New York — both led by Democratic mayors.

The 9th Circuit ultimately sided with Trump, issuing a stay that allows the continued deployment of around 4,000 National Guard troops in Los Angeles while the legal fight plays out.