What was the 9th Circuit Court of Appeals' ruling on the National Guard deployment in Los Angeles?

the 9th U.S. Circuit Court of Appeals decided to leave control of the National Guard troops in Los Angeles with the Trump administration, pending further litigation from California.

Why is california challenging the Trump administration's authority over the National Guard?

California leaders, including Attorney General Rob Bonta and Governor Gavin Newsom, are challenging what they view as President Trump's overreach of authority in deploying the military against citizens.

What is the Posse Comitatus Act, and how does it relate to the National Guard deployment?

The Posse Comitatus Act generally prohibits the use of the military for civilian law enforcement. California has alleged that the Trump administration violated this act by deputizing the military, but this claim has not yet been fully resolved by the courts.

What are legal scholars saying about the 9th Circuit's decision?

Legal scholars like Eric Merriam suggest that the decision was expected, given the ancient deference courts have shown to the president in matters of national security and the military. However, some experts also point out potential limitations to presidential power.

What is the next step in the legal battle over the National Guard deployment?

The issue largely returns to U.S. District Judge Charles R. Breyer.Further rulings are expected, potentially limiting the scope of what troops can do on the ground in Los Angeles.

How has the 9th Circuit Court of Appeals changed in recent years?

The 9th Circuit has shifted from being considered one of the most liberal courts to a more balanced one, which legal scholars suggest influenced the court's decision in this case.

Troops Deployed in LA Face Rising Morale Concerns

The recent deployment of troops to Los Angeles by **President Trump** has triggered significant distress among soldiers and their families, fueling worries about the mission’s legality, family impacts, and potential effects on military readiness.

Soldiers Express Deep Concerns

Ever since **President Trump** took control of the California National Guard and deployed thousands of troops to Los Angeles, the GI Rights Hotline has been inundated with calls from concerned service members and their relatives. Some are agonizing over the deployment’s legality, which is presently being litigated in federal court, according to **Steve Woolford**, a resource counselor. Others believe the Guard shouldn’t participate in federal immigration raids, as they fear for family members who might be affected.

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“They don’t want to deport their uncle or their wife or their brother-in-law,”

—**Steve Woolford**, Resource Counselor

Amid these protests, the city has been described as increasingly quiet near federal buildings within the city. Despite this, the military’s U.S. Northern Command reports that the troops have no authority to arrest protesters, and were sent only to guard federal property and personnel. In 2024, there were 26.7 million veterans in the U.S., and this number is only projected to decline (U.S. Census Bureau).

Additional Considerations

Veterans’ advocacy groups, in direct contact with service members and their families, are deeply worried about the morale of the approximately 4,100 National Guard members and 700 U.S. Marines deployed to Los Angeles. Spokespeople from six veterans’ advocacy organizations stated that many troops found the assignment problematic, seeing it as political and as positioning them against fellow citizens. Advocates are also concerned about the deployment’s potential impact on military retention and recruitment.

Horse riders make their way past U.S. Marines at the Paramount Home Depot.

The deployment in Los Angeles coincides with a time of year when the California National Guard is usually focused on fighting wildfires, a fact that has raised worries among officials.

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

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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.”

Key Figure	Role	Viewpoint
Judge Mark J. Bennett	9th Circuit Judge	affirmed the President’s authority but acknowledged limits.
Atty. Gen. Rob Bonta	California Attorney General	Challenging the President’s use of military power.
Gov. Gavin Newsom	California Governor	Opposing what he calls “authoritarian” deployment.
Eric Merriam	Legal Scholar	Emphasizing historical deference to presidential power.
Elizabeth Goitein	Brennan Center Director	Highlighting the court’s focus on limiting presidential power.

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.”

Evergreen Insights: Understanding Presidential power and Military Deployment

The deployment of the National Guard in domestic situations is a recurring issue in American history, often sparking debates about the appropriate balance between federal authority and states’ rights. The President’s power to deploy troops domestically is rooted in the Constitution and various federal statutes, but it is indeed also subject to legal limitations and judicial review. cases like *Sterling vs. Constantin* serve as important reminders that even in times of crisis, presidential power is not absolute.

The Posse Comitatus Act reflects a long-standing concern about the potential for military overreach in civilian affairs.While the act has exceptions, it underscores the importance of maintaining a clear separation between military and civilian law enforcement. the ongoing legal battle in California highlights the complexities of applying these principles in the 21st century.

FAQ: National Guard Deployment and Presidential Authority

what are the legal grounds for deploying the National Guard domestically?: The President can deploy the National Guard under the Insurrection Act, which allows the use of troops to suppress rebellions or enforce federal laws.
What limitations exist on the President’s power to deploy the military domestically?: The Posse Comitatus Act restricts the military’s role in civilian law enforcement,and judicial review can challenge the legality of deployments.
How does the 9th Circuit Court of Appeals decision affect the situation in Los Angeles?: The ruling allows the Trump administration to maintain control over the National guard in Los Angeles, pending further legal challenges.
What is the role of the Governor in national Guard deployments?: Typically, the Governor commands the National Guard unless it is indeed federalized by the President.
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california national guard

Veterans’ advocates warn of low morale amid L.A. military deployment