Latest news with #NinthCircuitCourtofAppeals
American Military News
3 hours ago
- Politics
- American Military News
Trump's control of Nat'l Guard in Los Angeles upheld in major ruling
The Ninth U.S. Circuit Court of Appeals ruled on Thursday that President Donald Trump and his administration can continue to exercise control of the National Guard troops deployed in Los Angeles amid the anti-Immigration and Customs Enforcement (ICE) riots. In a unanimous ruling, the Ninth Circuit Court of Appeals granted a stay against the lower court's order that directed the Trump administration to return command of the National Guard troops in Los Angeles to Gov. Gavin Newsom (D-Calif.) A lower court had previously ordered Trump to return command of the National Guard troops to Newsom after the president had placed thousands of California National Guard troops under federal control to 'support the protection of federal personnel and federal property in the greater Los Angeles area' earlier this month. 'Defendants have made the required strong showing that they are likely to succeed on the merits of their appeal,' the Ninth Circuit Court of Appeals stated. The court added, 'Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when the President is unable with the regular forces to execute the laws of the United States.' READ MORE: Videos/Pics: Nat'l Guard deployed amid major anti-ICE riots in Los Angeles While the Ninth Circuit Court of Appeals explained that it disagreed with the Trump administration's argument that the decision to federalize California National Guard members was 'completely insulated from judicial review,' the appellate panel acknowledged that its review of the president's decision 'must be highly deferential.' In a post on Truth Social, Trump described Thursday's ruling as a 'BIG WIN' regarding the president's 'core power to call in the National Guard.' 'The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because 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. '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!' Following Thursday's ruling, Newsom issued a statement on social media early Friday morning, claiming that the Ninth Circuit Court of Appeals '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.' The California governor stated, 'Donald Trump is not a king and not above the law.'
Time Magazine
8 hours ago
- Politics
- Time Magazine
Trump Maintains Control of National Guard in L.A.: What the Appeals Court Said About His Authority
President Donald Trump can maintain control of the California National Guard, a federal appeals court has ruled, overturning an earlier decision that found the President's mobilization of the troops was 'illegal.' The ruling by the Ninth Circuit Court of Appeals is temporary, but allows the President to continue directing the thousands of National Guard members he has deployed to Los Angeles to quell multi-day protests over the Administration's immigration policy. Their deployment was subject to a lawsuit filed by California Gov. Gavin Newsom, who argued the President violated the Tenth Amendment, which lays out the powers of state and the federal government. Seven hundred Marines have also been sent to L.A. The unanimous opinion, delivered by a three-panel judge panel made up of two Trump appointees and another appointed by President Joe Biden, reversed a lower court decision that found Trump did not satisfy the requirements necessary for the President to call in the National Guard under the law he invoked. Trump celebrated the appeals court's ruling on his social media platform, Truth Social. 'The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because 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 late Thursday. Though it ruled in Trump's favor, the court also rejected an argument from the Administration that the National Guard deployment could not be reviewed, however. Newsom applauded that part of the decision, and noted that litigation regarding the matter will continue. '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,' Newsom said in a post on X. 'We will press forward with our challenge to President Trump's authoritarian use of U.S. military soldiers against citizens.' Here's what the appeals court said about Trump's power to deploy the National Guard. Trump "likely acted within his authority" The Ninth Circuit's ruling found that the President likely 'lawfully exercised his statutory authority' in invoking Title 10, Section 12406 of the U.S. Code. Under that statute, the President has the power to invoke the National Guard if he cannot execute laws with 'regular forces,' or if an invasion or rebellion is underway or at risk. The Trump Administration claimed in court filings that there was 'a rebellion or danger of a rebellion against the authority of the United States.' The judges, however, said that the 'protests in Los Angeles fall short of rebellion,' though they pointed to the unrest in Los Angeles and risk to federal officials and property. They called Newsom's concerns about how the presence of the National Guard could escalate tensions between protesters and law enforcement 'too speculative.' The judges also responded to Newsom's assertion that his lack of involvement in the deployment of the troops made Trump's actions illegal. The court found that the Secretary of Defense's 'transmittal of the order' to the Adjutant General of the California National Guard, who can issue orders in name of the Governor, satisfied the procedural requirements necessary to send in the National Guard. The President's decisions to deploy the National Guard are not above review The federal government argued that Trump's decision to deploy the National Guard was 'unreviewable' by the court system because the statute the President used empowered him to mobilize it in 'such numbers as he considers necessary.' In the ruling, the judges said that they should be 'highly deferential' to the President, but also denied the assertion that the federalization of the National Guard is 'completely insulated from judicial review.'
The Hill
11 hours ago
- Politics
- The Hill
Live updates: Trump lauds appeals court ‘win' over Newsom in California National Guard case
President Trump celebrated an appeals court ruling that affirmed his control over the California National Guard, which he ordered deployed amid unrest in Los Angeles. Gov. Gavin Newsom (D) had sued over the action. 'BIG WIN in the Ninth Circuit Court of Appeals on the President's core power to call in the National Guard!' Trump wrote on Truth Social. 'This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans.' The three-judge Ninth Circuit panel unanimously ruled the Trump administration had presented enough evidence to show it had a defensible rationale for doing so and that Newsom had no power to veto the president's order. Newsom, in a post on X, said, 'The fight doesn't end here.' Trump, meanwhile, is weighing his options on the U.S. role in Israel's battle against Iran. He'll meet with his national security team daily this weekend amid the two-week decision window he laid out on Thursday. As the Senate tries to get Trump's major policy legislation passed, it was hit with a parliamentarian ruling on Friday morning, saying some parts of the 'big, beautiful bill' run afoul of the Byrd Rule and must be taken out of the package to allow it to pass with a simple majority vote. Also Friday, the Supreme Court will issue opinions at 10 a.m. Friday, as it winds down its term. Get up-to-date: Follow along here for the latest on these stories and more.
The Hill
12 hours ago
- Politics
- The Hill
Trump touts ruling on National Guard in LA
President Trump touted a 'big win' Friday morning in his fight with California Gov. Gavin Newsom (D) over control of the state's National Guard, which Trump federalized earlier this month in response to protests against his immigration raids. A federal appeals court ruled late Thursday the president could retain control of the state's National Guard for the time being. 'BIG WIN in the Ninth Circuit Court of Appeals on the President's core power to call in the National Guard,' Trump wrote in a Truth Social post. 'The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because 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,' he added. Newsom argued Trump's decision to federalize soldiers without consulting him was illegal and asked the courts for an emergency order to block the move. U.S. District Judge Charles Breyer, a Clinton appointee, initially ruled in California's favor, but the emergency injunction was overturned by the Ninth Circuit on June 13. The three-judge panel unanimously extended its pause in an unsigned, 38-page decision released Thursday night. 'We emphasize, however, that our decision addresses only the facts before us. And although we hold that the President likely has authority to federalize the National Guard, nothing in our decision addresses the nature of the activities in which the federalized National Guard may engage,' the appeals panel wrote. The panel said it disagreed with the administration that Trump's decision isn't reviewable by the courts, but the judges acknowledged they must be 'highly deferential.' 'Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority,' the opinion reads. Responding to the Thursday night ruling, Newsom said 'This fight doesn't end here' in a post on X. '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. The President is not a king and is not above the law,' he wrote. 'We will press forward with our challenge to President Trump's authoritarian use of U.S. military soldiers against citizens,' he added. Though the 9th Circuit's decision marks a victory for Trump in the legal battle, it may be short-lived. Breyer is set to hold a hearing Friday on whether to issue an indefinite injunction. Breyer, in his initial ruling, ruled the Guard deployment was illegal and both violated the Tenth Amendment, which defines power between federal and state governments, and exceeded Trump's statutory authority. 'The protests in Los Angeles fall far short of 'rebellion,'' he wrote. 'Individuals' right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone.' Los Angeles Mayor Karen Bass (D) said the president was using soldiers as 'props' in a city where they are not needed. 'We need to remember who makes up the National Guard and the Marines — young men and women, pulled from their homes, families, and education, to do NOTHING,' she wrote in a Friday post on X.
Newsweek
19 hours ago
- Politics
- Newsweek
Donald Trump Celebrates Legal Win Over Deploying National Guard
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. President Donald Trump hailed a "BIG WIN" in a federal appeals court that said he did have the power to deploy California's National Guard over Gov. Gavin Newsom's head to quell the recent riots and disorder in Los Angeles. The decision in the Ninth Circuit Court of Appeals halts a ruling from a lower court judge who found Trump acted illegally when he activated the soldiers over opposition from Newsom. "BIG WIN in the Ninth Circuit Court of Appeals on the President's core power to call in the National Guard!" Trump posted to his Truth Social platform after the ruling. "The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because 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. "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!" The deployment was the first by a president of a state National Guard without the governor's permission since 1965. In its decision, a three-judge panel unanimously concluded it was likely Trump lawfully exercised his authority in federalizing control of the guard. It said that while presidents don't have unfettered power to seize control of a state's guard, the Trump administration had presented enough evidence to show it had a defensible rationale for doing so, citing violent acts by protesters. This is a developing article. Updates to follow. This article includes reporting by The Associated Press.
