In a substantial legal triumph for President Donald Trump, the 9th U.S. Circuit Court of Appeals has overturned a lower court's decision that temporarily removed his authority over the California National Guard. This ruling comes in the wake of escalating riots in Los Angeles that began with protests against Immigration and Customs Enforcement (ICE).
The three-judge panel's decision was announced late Thursday, effectively blocking an order by U.S. District Judge Charles Breyer who had sided with California Governor Gavin Newsom (D). Newsom had filed a lawsuit contesting the President's move to federalize about 4,000 National Guard troops and activate 700 U.S. Marines to defend federal buildings and aid law enforcement during the unrest.
Earlier, Judge Breyer had delivered a 36-page opinion accusing Trump of exceeding his constitutional and statutory authority, citing violations of the Tenth Amendment. Breyer's ruling included a temporary restraining order, which required Trump to relinquish control of the National Guard back to the state governor immediately.
Breyer expressed strong criticism of the administration's actions during a tense hearing. He implied that they resembled monarchic behavior, counter to the principles upon which the United States was founded. However, his decision was quickly met with a challenge from the Department of Justice (DOJ), which filed an appeal and sought emergency relief from the appellate court.
The 9th Circuit responded promptly, reinstating President Trump's authority and allowing the continued deployment of U.S. Marines in response to the targeted attacks on government buildings and personnel. With this stay now in effect, the administration retains the option to deploy additional National Guard personnel as needed, pending a further court review.
This ongoing legal battle has shone a light on the boundaries of presidential power during domestic crises, particularly when state authorities resist federal involvement. The appeals court's verdict represents a temporary but notable shift of power back to the federal government amid violent demonstrations.
While the stay is due to expire on Friday, the broader legal disagreement over the President's ability to deploy the National Guard in times of domestic emergencies persists. A hearing set for June 17 may bring forth a new ruling that either reaffirms or restricts the extent of presidential emergency powers, with potential long-term implications on the use of federal authority within the United States.