In an unexpected twist, former President Donald Trump has been granted the authority to retain control over the California National Guard in Los Angeles, as per a decision by a federal appeals court. This comes amidst ongoing protests against immigration enforcement actions.
The 9th U.S. Circuit Court of Appeals has temporarily halted an order by District Judge Charles Breyer, which had previously determined that Trump unlawfully bypassed California Governor Gavin Newsom to federalize the state’s National Guard.
A panel of three judges, including two Trump appointees, reached a unanimous decision supporting Trump’s rationale. They argued that while the president’s control over the National Guard is not without limits, the federal government provided a “defensible rationale” for its actions. This decision was based on reports of protestors allegedly assaulting federal officers and damaging federal property.
The court noted, “The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers.” The judges further highlighted the federal government’s interest in “preventing incidents like these” as significant. However, they acknowledged that the federal government may have failed to notify the governor as required by law, yet concluded that Newsom could not veto the president’s order.
This ruling marks the first instance since 1965 where a president has assumed command of a state’s National Guard without the consent of the state governor. The implications of this decision are profound, suggesting a potential shift in the balance of power between federal authority and state sovereignty.
California Attorney General Rob Bonta and Governor Gavin Newsom have both expressed strong opposition to the ruling, vowing to continue their legal challenge.
“This case is far from over,” Bonta stated, expressing disappointment in the court’s decision to stay the temporary restraining order. He criticized the Trump administration for what he described as an “unprecedented and unlawful federalization of the California National Guard.”
Governor Newsom echoed these concerns, criticizing the court’s decision and labeling Trump’s actions as an “authoritarian” use of military force against U.S. citizens.
Meanwhile, Trump celebrated the ruling on his Truth Social platform, calling it a “BIG WIN” and defending the federal government’s intervention as necessary when state and local forces are unable to maintain order.
This legal battle underscores broader themes of federalism and the extent of presidential powers. Beyond the immediate context of the protests, it raises questions about the balance of power between state and federal governments and the potential for executive overreach under the guise of maintaining law and order.
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