9th Circuit says Trump exceeded authority in CA National Guard deployment

President Trump exceeded his statutory authority and violated the constitutional separation of powers when he federalized the California National Guard to deploy troops into Los Angeles during protests last year, the U.S. 9th Circuit Court of Appeals ruled on Friday, as reported by latimes.com.

The 2-1 decision blocks the administration from utilizing an obscure and virtually untested statute to seize command of state guard units without invoking the Insurrection Act. U.S. Circuit Judge Jennifer Sung, a Biden appointee, wrote for the majority that the executive order encroached on congressional powers, while Judge Eric D. Miller of Seattle, a Trump appointee, joined the ruling. Judge Mark J. Bennett, also appointed by Trump, dissented.

The Origin of the Deployment and Legal Challenge

The legal battle began last June after President Trump federalized 4,000 National Guard troops in response to unrest over immigration enforcement in Los Angeles, according to latimes.com. California filed a lawsuit two days after the deployment began. Senior U.S. District Judge Charles R. Breyer quickly issued an injunction to block the deployment and return control of the National Guard to Gov. Gavin Newsom, noting the absence of organization among bad actors.

The U.S. Justice Department appealed that order. A 9th Circuit panel consisting of Sung, Bennett, and Miller stayed Judge Breyer’s injunction, finding that the deployment could proceed under an obscure subsection of Title 10 of the U.S. Code. That preliminary stay established a high standard of deference for presidential deployments, which the Trump administration subsequently used to justify sending troops to Portland that fall.

Supreme Court Limits President's Power to Commandeer National Guard

The legal framework shifted after a 7th Circuit panel found the president provided insufficient evidence for a deployment in Chicago. The issue reached the U.S. Supreme Court, which adopted an academic reading of the statute on Dec. 23, ruling that the law permits the president to commandeer National Guard troops only if a domestic situation has already outmatched the standing army. Federalized troops were ordered to leave Los Angeles that same month.

In Friday’s ruling, the 9th Circuit panel held that the administration’s assessment of a rebellion in Los Angeles last June did not reflect a colorable assessment within a range of honest judgment. Using the plain text of the statute and dictionary definitions, the majority concluded that the federal government failed to demonstrate a violent, armed, and organized uprising against the government as a whole. Deputy Assistant Attorney General Eric McArthur had argued during an October hearing that the president holds unreviewable discretion to send and maintain the guard, a position rejected by the appellate court.

Reactions to the Appellate Decision

Today is a crucial day for the rule of law, upholding the Constitution, and defending democracy, California Governor Gavin Newsom said in a statement, calling the court’s decision a complete rejection of Donald Trump’s illegal, authoritarian takeover of the state’s National Guard. Representatives of the U.S. Justice Department did not immediately respond to requests for comment following the decision.

Frequently Asked Questions About the National Guard Ruling

What specific statute did the Trump administration use to federalize the guard?

The administration relied on Title 10 of the U.S. Code, utilizing a rarely tested subsection that permits federal control when the country faces foreign invasion, a rebellion, or an inability to execute laws with regular resources, bypassing the Insurrection Act.

How did the 9th Circuit define rebellion in its ruling?

Writing for the majority, Judge Jennifer Sung stated that a rebellion requires a violent, armed, organized, open, and avowed uprising against the government as a whole, rather than sporadic or impromptu violence during protests.

What role did the U.S. Supreme Court play in resolving the dispute?

On Dec. 23, the Supreme Court ruled that the statute permits the president to commandeer state National Guard troops only when domestic situations have outmatched the standing army, setting the standard applied by the 9th Circuit.

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