9th Circuit Upholds Trump Administration’s Authority Over National Guard Deployment in Los angeles

In a ruling with national implications, the 9th U.S. Circuit Court of Appeals has sided with the Trump administration, allowing it to maintain control over the National Guard troops deployed in Los Angeles.The decision, issued Thursday, comes as California challenges the legality of the deployment in federal court, arguing that President Trump has overstepped his authority ^[1]. The court found that while the president’s power is broad, it is not “unreviewable.”

Appeals Court Decision: A Closer Look

judge Mark J. Bennett, a Trump appointee from Honolulu, wrote for the appellate panel, stating that while they disagreed with the government’s argument that the president’s decision was fully immune from judicial review, they were persuaded that precedent requires a highly deferential review. This decision effectively puts the issue back in the hands of U.S. District Judge Charles R. Breyer.

Did You Know? The 9th Circuit Court of Appeals has jurisdiction over nine western states, including California, Washington, and Arizona.

California’s Response and Legal Strategy

California officials have vowed to continue their legal fight.Attorney General Rob Bonta stated that the case is “far from over” and that they remain confident in their arguments. Governor Gavin Newsom echoed this sentiment, promising to challenge what he described as President Trump’s “authoritarian use of U.S. military soldiers against citizens.” The state’s legal challenge centers on the argument that the deployment infringes upon California’s sovereignty and potentially violates the Posse Comitatus Act.

The Posse Comitatus Act and its Implications

The Posse Comitatus Act, a federal law enacted in 1878, generally prohibits the use of the U.S.military for domestic law enforcement purposes ^[2]. California’s initial complaint alleged that the Trump administration violated this act by effectively deputizing the military to act as civilian law enforcement. However, this claim was initially tabled by Judge Breyer and remains a key point of contention in the ongoing legal battle.

Pro Tip: The Posse Comitatus Act has several exceptions, including situations were the military is authorized by law to assist civilian authorities in cases of natural disaster or civil unrest.

Expert Analysis and the Scope of presidential Power

legal scholars have weighed in on the implications of the 9th Circuit’s decision. Eric Merriam, a professor of legal studies at Central florida University and an appellate military judge, emphasized the meaningful power Congress has granted the president through various statutes. He noted that courts have historically given “extreme deference” to the president in national security decisions, including the use of the military.

elizabeth goitein, senior director of the Liberty and National Security Program at New York University’s Brennan Center for Justice, observed that the appellate panel seemed skeptical of both sides’ arguments during the hearing. She highlighted the court’s focus on the limits of presidential power, noting that Judge Bennett directly refuted the argument that the decision to federalize national Guard troops was “unreviewable.”

Key Arguments and Legal Precedents

Judge Bennett cited the 1932 Supreme Court decision in *Sterling vs. Constantin*, emphasizing that while the president has a “permitted range of honest judgment” in using force to suppress violence and restore order, this power is not unlimited. The ruling underscores the importance of judicial review in ensuring that presidential actions are not “obviously absurd or made in bad faith.”

What’s Next for Los angeles?

As the legal battle continues, residents of Los Angeles will continue to see a significant presence of federal troops. The ultimate outcome of the legal challenges could considerably impact the scope of the National Guard’s activities and the balance of power between the federal government and the state of California.

“[Congress] didn’t limit rebellion to specific types of facts,” Merriam said. “As much as [Angelenos] might say, ‘This is crazy! Ther’s not a rebellion going on in L.A.right now,’ this is where we are with the law.”