In a landmark ruling Thursday, the U.S. Court of Appeals for the 9th Circuit unanimously upheld President Donald Trump’s authority to federalize California’s National Guard and deploy troops to Los Angeles amid widespread protests over immigration enforcement. The decision overturned a lower court ruling that had deemed the president’s move unlawful and ordered control of the troops returned to Governor Gavin Newsom.
The three-judge panel, comprising two Trump appointees and one Biden appointee, concluded that the president “likely exercised lawful statutory authority” under Title 10 of the U.S. Code, which permits the use of federal forces in times of rebellion or when enforcement of federal law is obstructed. The ruling is a major legal and political victory for President Trump, reinforcing his ability to unilaterally respond to domestic unrest without a governor’s consent.
Title 10 Invoked Amid Immigration Protest Unrest
President Trump federalized the California National Guard on June 7, following a surge of mass protests across Los Angeles sparked by aggressive immigration raids. In his memorandum, the president characterized the demonstrations as a “form of rebellion” and justified his action by citing threats to federal property and immigration agents.
By invoking Title 10, Trump was able to override state control and place approximately 4,000 National Guard troops under federal command. In addition, about 700 active-duty U.S. Marines were dispatched to reinforce federal facilities and support enforcement efforts. Administration officials argued that without swift federal intervention, law and order in Los Angeles would be imperiled.
California Pushes Back: Newsom Calls Action ‘Authoritarian’
California Governor Gavin Newsom, a Democrat, sharply criticized the decision, calling the deployment an overreach and a threat to democratic norms. The state sued the Trump administration, claiming the president had bypassed legal procedures by not consulting the governor before activating the Guard.
Newsom described Trump’s move as an “authoritarian use of U.S. military soldiers against citizens” and vowed to continue challenging the deployment in court. “The President is not a king and is not above the law,” Newsom said in a statement following Thursday’s appellate ruling, signaling that the legal fight may ultimately reach the Supreme Court.
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Appeals Court Backs Trump’s National Guard Deployment in Los Angeles
In its ruling, the 9th Circuit rejected the argument that federalizing the National Guard required gubernatorial consent. The panel clarified that while Title 10 mentions channeling orders “through the governors,” it does not grant them veto authority over presidential action. The judges emphasized that courts must be “highly deferential” to the president’s judgment in military matters.
While the court acknowledged that it has jurisdiction to review the legality of the president’s actions, it concluded that the facts presented—especially protest interference with immigration operations—provided “a colorable basis” for invoking Title 10 powers.
Legal Precedent and Historical Echoes
The last time a president deployed the National Guard without a state’s request was in 1965, when President Lyndon B. Johnson sent troops to Alabama to protect civil rights marchers. Trump’s action marks a rare invocation of this authority, one critics say is intended to suppress political dissent in Democratic-run cities.
Legal scholars warn that the ruling could embolden future presidents to bypass states in times of political unrest. However, supporters argue that it restores needed federal power to maintain public order when local governments are unwilling or unable to act decisively.
Trump Declares Victory, Vows Expanded Enforcement
Taking to his Truth Social platform after the ruling, President Trump hailed the decision as a “BIG WIN,” writing, “If our cities and our people need protection, we are the ones to give it to them.” He criticized Governor Newsom as “incompetent and ill-prepared,” framing the court’s decision as a national affirmation of presidential resolve.
The president also announced that immigration enforcement operations will now expand to other major Democratic-led cities, including Chicago and New York. “We will deliver the single largest mass deportation program in history,” he stated, signaling a broader crackdown ahead of the 2025 election season.
Tensions Mount as Case Continues
Although the 9th Circuit’s ruling permits continued deployment of the National Guard in Los Angeles, the case remains active. The underlying constitutional questions—particularly the balance of federal versus state military authority—are far from resolved.
Both sides are preparing for the next legal phase. While Trump’s administration remains confident, California’s legal team is expected to file a motion for a full en banc hearing or appeal to the Supreme Court. As cities brace for further enforcement actions, the legal and political stakes continue to escalate nationwide.
