Trump can command National Guard as California’s legal challenge moves forward, appeals court says

By Sonja Sharp

Staff WriterFollow

June 19, 2025 Updated 9:23 PM PT

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The 9th U.S. Circuit Court of Appeals decided Thursday to leave troops in Los Angeles in the hands of the Trump administration while California’s objections are litigated in federal court, finding the president had broad — though not “unreviewable” — authority to deploy the military in American cities.

“We disagree with Defendants’ primary argument that the President’s decision to federalize members of the California National Guard … is completely insulated from judicial review,” Judge Mark J. Bennett of Honolulu, a Trump appointee, wrote for the appellate panel. “Nonetheless, we are persuaded that, under long-standing precedent interpreting the statutory predecessor … our review of that decision must be highly deferential.”

California leaders vowed to fight back in federal court.

“This case is far from over,” Atty. Gen. Rob Bonta said in response to the ruling. “While the court did not provide immediate relief for Angelenos today, we remain confident in our arguments and will continue the fight.”

“We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens,” Gov. Gavin Newsom said.

Legal scholars said the decision was expected — particularly as the 9th Circuit has moved from the country’s most liberal to one of its most “balanced” since the start of Trump’s first term.

“It’s critically important for the people to understand just how much power Congress has given the president through these statutes,” said Eric Merriam, a professor of legal studies at Central Florida University and an appellate military judge.

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