A three-judge panel from the 9th U.S. Circuit Court of Appeals has temporarily reinstated President Donald Trump’s authority to federalize California’s National Guard, overturning a lower-court decision that would have handed control back to Governor Gavin Newsom.
With roughly 4,000 troops and 700 Marines stationed in Los Angeles amid immigration-related protests, the panel signaled that Trump likely acted within his lawful powers and that state governors don’t possess veto authority over such federal deployments.
District Judge Charles Breyer initially ruled on June 12 that Trump had exceeded his authority—citing the lack of coordination with Newsom, absence of rebellion or parental breakdown, and statutory missteps—and directed the troops to return to state command. Yet, just hours later, the 9th Circuit issued a stay on that order, and on June 19 extended that stay.
The panel suggested Trump had acted lawfully under the Insurrection Act and related statutes.
During Tuesday’s expedited hearing, the judges grappled with whether presidential military decisions are subject to judicial oversight.
California contends the deployment was both unnecessary and unconstitutional. Meanwhile, the Justice Department insists that once the president declares an emergency, that determination lies beyond judicial scrutiny.
