A federal appeals court for now rejected California’s effort to force President Donald Trump to return control of the National Guard in the state, ruling Thursday that the president likely acted within his authority in response to at-times violent protests in Los Angeles.
The unsigned order from a three-judge panel of the U.S. Court of Appeals for the 9th Circuit temporarily pauses a lower-court ruling that directed Trump to return control of 4,000 members of the state’s National Guard to Gov. Gavin Newsom.
The pause will last while the Trump administration appeals that lower-court ruling, which found that Trump had violated the law and the Constitution with the order.
The 9th Circuit opinion comes amid fast-moving litigation over the federalization of the National Guard and over Democratic officials’ objections to the increasing involvement of military forces in domestic law enforcement.
The Trump administration has argued that the troops were needed to protect federal property and federal officials in response to “riots” in Los Angeles. The administration federalized the troops under a law that requires that there be a “rebellion” or the inability of federal officials to carry out the law with normal forces.
“Affording appropriate deference to the president’s determination, we conclude that he likely acted within his authority in federalizing the National Guard,” the 9th Circuit opinion said.
Trump himself praised the ruling in a social media post Thursday night and said he would use it as justification for deploying troops in response to any unrest, “should State and Local Police be unable, for whatever reason, to get the job done.”
“This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!” Trump wrote.
Trump first federalized thousands of members of the state National Guard on June 7 in response to at-times violent protests in Los Angeles responding to immigration raids by federal officials in the city. Trump also deployed hundreds of Marines to the city.
California in its lawsuit argues that Trump’s interpretation of the law was nearly limitless and opened the door to using federal troops for law enforcement activities.
California officials said the troops were not needed and inflamed tensions in the city. Additionally, they argued that local and state police had the situation under control and had made hundreds of arrests.
Last week, Judge Charles Breyer of the U.S. District Court for the Northern District of California issued a temporary restraining order, leading the Trump administration to appeal to the 9th Circuit.
Breyer is scheduled to hold a hearing in the case on Friday.
The 9th Circuit rejected Trump’s broadest argument — that judges could not review Trump’s decision to federalize the state guard — but would give him wide latitude to do so.
The case is Gavin Newsom et al. v. Donald Trump et al.
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