A U.S. federal appeals court has temporarily permitted President Donald Trump to maintain federal control over the California National Guard in Los Angeles, overriding a lower court’s ruling that deemed the deployment unlawful.
On Thursday, the 9th U.S. Circuit Court of Appeals issued an administrative stay, halting a decision by District Judge Charles Breyer that had ordered the return of the National Guard to California Governor Gavin Newsom’s control.
Judge Breyer had ruled that President Trump’s federalization of up to 4,000 National Guard troops violated statutory procedures and the Tenth Amendment.
The appeals court’s stay allows the federal deployment to continue while litigation proceeds. A full hearing is scheduled for Tuesday to further examine the legality of the deployment.
In addition to the National Guard, President Trump has ordered the deployment of approximately 700 U.S. Marines to Los Angeles to support federal law enforcement efforts.
The military presence has been positioned outside federal facilities and has accompanied Immigration and Customs Enforcement (ICE) agents during enforcement actions.
Local officials, including Mayor Karen Bass, have criticized the deployment, arguing that it exacerbates tensions and infringes upon state authority.
The legal battle centers on the interpretation of the Insurrection Act and the Posse Comitatus Act, with California contending that the federal deployment exceeds presidential authority and violates constitutional principles.
The outcome of the appeals court’s forthcoming decision could have significant implications for the balance of power between federal and state governments regarding military deployments within the United States.
