The 9th U.S. Circuit Court of Appeals ruled on Thursday that the Trump administration can keep troops in Los Angeles while California’s legal challenge is ongoing. The court found that the president has significant authority to deploy the military in U.S. cities, though this power is not completely beyond judicial review.
Judge Mark J. Bennett, who was appointed by Trump, stated that while the court does not fully agree with the government’s argument that the president’s decision is unchallengeable, they must show a high level of deference to it based on legal precedents. This ruling comes as California leaders, including Attorney General Rob Bonta, expressed their determination to continue fighting in court.
Bonta stated, "This case is far from over," and emphasized their confidence in their legal arguments. Governor Gavin Newsom also criticized the federal government’s use of military troops against citizens, calling it an authoritarian move.
Legal experts noted that the court’s decision aligns with a trend seen since Trump’s first term, where the 9th Circuit has shifted from a more liberal stance to one that is more balanced. Eric Merriam, a legal studies professor, pointed out that the president is granted considerable power in national security matters, particularly regarding military use.
During the court hearing, judges questioned both sides, indicating skepticism about the federal government’s claim that the president’s actions are beyond judicial scrutiny. The judges also seemed unconvinced by California’s assertion that Trump’s deployment of troops was an overreach of authority.
The panel’s decision means that U.S. District Judge Charles R. Breyer will now review the case. The timing of the ruling was significant, as it came just before a scheduled hearing where California sought to block the military’s involvement in immigration raids.
The court did not address whether the administration violated the Posse Comitatus Act, which limits military involvement in civilian law enforcement. This issue remains unresolved, but experts believe it could become more relevant now that troops are actively deployed.
Residents of Los Angeles now face a growing military presence in their city. Legal scholars remind us that the definition of "rebellion" under the law can be broad, leaving many to question the necessity of such a military presence in the current situation.