National Guard Troops Remain Under Trumps Authority, Temporarily, Following 9th Circuit Ruling

In a recent ruling, the U.S. 9th Circuit Court of Appeals has temporarily halted a decision that would have required President Trump to return control of thousands of California National Guard troops back to Governor Gavin Newsom. This decision comes amid ongoing protests in Los Angeles related to immigration enforcement.

The ruling from the 9th Circuit came late Thursday night, just hours after U.S. District Judge Charles Breyer stated that Trump acted illegally by mobilizing the National Guard during the protests. Judge Breyer ordered that the troops be returned to state control by noon on Friday, but the appeals court’s emergency stay means they will remain under federal control for now.

A three-judge panel from the 9th Circuit, which includes two judges appointed by Trump and one by Biden, has scheduled a hearing for Tuesday. This means the National Guard will continue to be federalized through the weekend.

In his 36-page ruling, Judge Breyer expressed concerns about the Trump administration’s justification for the troop deployment, stating that the actions exceeded the president’s authority and violated the 10th Amendment. He emphasized that the protests were focused on opposition to immigration raids, not a rebellion against the government.

Governor Newsom, who filed the lawsuit along with the state of California, hailed the ruling as a victory for democracy. He stated, "Today was really about the test of democracy, and today we passed the test."

California Attorney General Rob Bonta echoed this sentiment, asserting that the deployment of troops was unnecessary and only served to escalate tensions. He noted that the state was not facing a rebellion or invasion and criticized the federal government’s actions as an overreach.

The Trump administration has signaled its intention to appeal the ruling, arguing that the deployment was essential to maintain order during the protests. They claim that without the National Guard, the situation in Los Angeles could have worsened.

As tensions continue to rise, the legal battle over the control of the National Guard highlights the ongoing conflict between state and federal authority in matters of public safety and civil rights. The upcoming hearing will be crucial in determining the future of the National Guard’s role in California amid these protests.

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