The unanimous order by a three-member panel judges on the U.S. Court of Appeals for the Ninth Circuit is a victory for the president and allows for the continued deployment of roughly 4,000 National Guard troops to Los Angeles, where they have been protecting federal property and U.S. immigration agents during enforcement operations. Trump invoked a law known as Title 10 to call the National Guard into federal service earlier this month in response to protests against immigration raids in Los Angeles. Since then, roughly 4,100 National Guard troops and 700 active-duty U.S. Marines have deployed to Los Angeles. Democrat Gavin Newsom opposed the use of troops in California's largest city and sued the president over his decision to federalize the National Guard. A federal judge, U.S. District Judge Charles Breyer, concluded last week that Trump’s actions were unlawful and exceeded his authority. However, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the federal government made the required “strong showing” in arguing that it would prevail against California’s challenge to the legality of deploying troops usually under the governor’s control. “It is likely that the president lawfully exercised his statutory authority” to federalize the National Guard under Title 10, which allows the president to call the Guard into federal service whenever “rebellion or danger of rebellion exists,” or when the president is unable to “execute the laws” of the U.S. The panel of judges,Composed of two Trump appointees and one Biden appointee, rejected the Trump administration's argument that courts lack the power to review whether the president can call up the National Guard. However, they said judges should be “extremely deferential” to the president if he decides troops need to be deployed, citing prior rulings. The court said administration officials “have presented facts that allow us to conclude the President had a plausible basis to invoke” Title 10, pointing to cases of protesters in Los Angeles interfering with immigration agents. The Ninth Circuit also said the Trump administration did not need to seek Newsom’s authorization to mobilize the Guard. In a post on his Truth Social platform, Mr. Trump wrote Thursday night: “HUGE WIN in the 9th Circuit Court of Appeals on the President’s fundamental power to call out the National Guard! The judges obviously realized that Gavin Newsom is incompetent and ill-prepared, but this is far more serious than Gavin, because across America, if our cities and people need protection, we are the ones who will provide it if state and local law enforcement fails.” can, for whatever reason, perform his task.”

In his own statement, Newsom expressed disappointment with the ruling, stating, “The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard without having to answer to a court of law. The president is not a king, nor is he above the law. We will continue to move forward with our challenge to President Trump’s authoritarian use of American soldiers against citizens.”