US appeals court allows Trump control of National Guard in LA
Trump ordered the deployment of thousands of National Guard troops and hundreds of Marines into Los Angeles this month in response to protests over federal immigration sweeps -- a move opposed by city leaders and Newsom.
Trump was within his rights when he ordered 4,000 members of the National Guard into service for 60 days to "protect federal personnel performing federal functions and to protect federal property," the three-judge panel wrote in their 38-page unanimous ruling.
"Affording appropriate deference to the President's determination, we conclude that he likely acted within his authority in federalizing the National Guard," they said
The president celebrated the decision in a post on Truth Social Thursday night, calling it a "BIG WIN."
"All over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done," Trump wrote.
'Not a king'
The state of California had argued that Trump's order was illegal because it did not follow the procedure of being issued through the governor.
The judges said Trump's "failure to issue the federalization order directly 'through' the Governor of California does not limit his otherwise lawful authority to call up the National Guard."
But they said the panel disagreed with the defendants' primary argument that the president's decision to federalize members of the California National Guard "is completely insulated from judicial review."
Governor Newsom responded to the decision saying Trump "is not a king and not above the law."
"Tonight, the court rightly rejected Trump's claim that he can do whatever he wants with the National Guard and not have to explain himself to a court," he posted on X.
"We will not let this authoritarian use of military soldiers against citizens go unchecked."
California is not without options. The state could request the case to be reheard or it could petition the Supreme Court for intervention.
Immigration tensions
The ruling comes against a backdrop of heightened tensions in Los Angeles, which has become ground zero of Trump's immigration crackdown across the United States.
The city has seen scattered violence but mostly peaceful protests in recent weeks, ignited by an escalation in federal immigration sweeps that have targeted migrant workers in garment factories, car washes and other workplaces.
Local media reported further raids across the city on Thursday targeting Home Depot stores, a home improvement retailer where day laborers often gather in parking lots seeking work.
The protests, though largely peaceful, saw sporadic and spectacular violence. Damage included vandalism, looting, clashes with law enforcement and several torched driverless taxis.
Last week, a lower court judge had ordered Trump to return control of the California National Guard to Newsom, saying the president's decision to deploy them to protest-hit Los Angeles was "illegal."
Trump, who has repeatedly exaggerated the scale of the unrest, also sent 700 US Marines to Los Angeles despite the objections of local officials, claiming that they had lost control of the "burning" city.
It was the first time since 1965 that a US president deployed the National Guard over the wishes of a state governor.
Trump appointed two of the judges on the US Court of Appeals for the Ninth Circuit panel, and former president Joe Biden appointed the third, the New York Times reported Thursday.