Court Evaluates National Guard Deployment in LA Amid Legal Challenges
A federal judge is reviewing potential Posse Comitatus Act violations regarding Trump's deployment of National Guard troops in Los Angeles, as protests continue and curfews are lifted.
Overview
- The 9th U.S. Circuit Court has allowed Trump to control 6,000 National Guard troops in LA without state approval, a historic move since 1965.
- California is contesting the deployment in federal court, with rulings on the matter postponed as a judge considers legal implications.
- U.S. District Judge Charles Breyer has requested briefings to assess if the troop deployment violates the Posse Comitatus Act.
- Despite a previous ruling against the deployment, the appellate court has overturned a restraining order, permitting Trump's actions to proceed.
- Protests in LA are subsiding, with the mayor lifting a curfew following earlier clashes with police amid the ongoing legal dispute.
Content generated by AI—learn more or report issue.
Get both sides in 5 minutes with our daily newsletter.
Analysis
Center-leaning sources frame the situation as a contentious legal battle over presidential authority and state rights, highlighting Trump's controversial deployment of the National Guard amid protests. The narratives reflect skepticism towards Trump's actions, emphasizing judicial scrutiny and potential overreach, while also acknowledging the protests' diminishing intensity.
President Trump federalized the California National Guard without Governor Newsom's consent in response to protests and unrest caused by ICE deportation operations.
The decision halts a lower court ruling that found Trump acted illegally when activating soldiers, despite opposition from California Gov. Gavin Newsom.
The recent deployment of National Guard troops to Los Angeles marks the first time a president has done so without the governor's permission since 1965.
Vance will tour federal facilities, including a mobile command center, meet with Marines and leadership, and deliver remarks.
The president deployed U.S. Marines to assist law enforcement in response to widespread protests against his immigration crackdown.
A three-judge panel of the 9th U.S. Circuit Court of Appeals determined that the federal government successfully argued it would prevail against California's challenge to the legality of troop deployment.
Vice President JD Vance will travel to Los Angeles on Friday to meet with federal law enforcement and Marines amid protests against ICE raids and opposition to the Trump administration's immigration agenda.
The court ruled that Governor Newsom did not have the authority to veto the president's order to federalize the National Guard, despite the federal government's failure to notify him beforehand.
Judge Breyer requested briefings to determine if the Posse Comitatus Act is being violated in Los Angeles.
Breyer determined that Trump exceeded his legal authority by controlling state National Guard troops outside of times of 'rebellion or danger of a rebellion.'
The 9th U.S. Circuit Court of Appeals panel unanimously determined that Trump lawfully exercised his authority in federalizing control of the guard.
The court case may impact the president's authority to deploy troops domestically.
Articles (35)
Center (15)
"…The protests in Los Angeles fall far short of ‘rebellion,’ wrote Breyer, a Watergate prosecutor who was appointed by President Bill Clinton and is the brother of retired Supreme Court Justice Stephen Breyer."
Military Times·17d·"…The legal battle between Donald Trump and Gavin Newsom over troops on the ground in Los Angeles took a judicial pause today as a federal judge expressed uncertainty about jurisdiction."
Deadline·17d·"…Overall, the Ninth Circuit decision makes some good points, and gets several important issues right."
Reason·17d·"…The 9th Circuit unambiguously rejected the government's claim that Trump's compliance with Section 12406 is a "political question" beyond the purview of federal courts."
Reason·17d·"…The hearing comes a day after the 9th Circuit appellate panel allowed the president to keep control of National Guard troops he deployed in response to protests over immigration raids."
Associated Press·17d·"…Affording appropriate deference to the President's determination, we conclude that he likely acted within his authority in federalizing the National Guard under 10 U.S.C. § 12406(3)."
Reason·17d·"…Vice President JD Vance is heading to Los Angeles on Friday to tour a federal law enforcement operations center and meet with Marines on the ground, making him the highest-ranking Trump administration official to visit the area since protests broke out over Immigration and Customs Enforcement raids."
CBS News·17d·"…Vance's visit to the city is the latest in the battle between Democrats and the Trump administration over its hardline deportation policies after an appeals court ruled in the president's favor Thursday."
NBC News·17d·"…Vance is also visiting following the Ninth Circuit’s decision, issued on Thursday, that allows Trump to continue to have control over the National Guard as the state’s legal challenge continues."
Deadline·17d·"…The appeals court's decision allows President Trump to maintain control of the National Guard troops deployed to Los Angeles, a move that has sparked significant political debate."
Chicago Tribune·17d·"…The court's decision allows for the continued deployment of around 4,000 troops to Los Angeles."
BBC News·17d·"…Trump is increasingly relying on a small group of advisers for critical input as he weighs potential action in Iran."
NBC News·18d·"…The appeals court unanimously concluded it was likely Trump lawfully exercised his authority in federalizing control of the guard."
Fortune·18d·"…The ruling means control of the California National Guard will stay in federal hands as the lawsuit continues to unfold."
ABC News·18d·"…The court granted a motion to stay the lower court's order during further appeals, which gives control of the troops to Trump."
NBC News·18d·FAQ
The Posse Comitatus Act prohibits federal troops from engaging in civilian law enforcement unless expressly authorized by law. The deployment of National Guard troops in Los Angeles is under review to determine if it violates this act, as the troops are controlled by the federal government rather than state approval.
President Trump used his authority under federal law, including provisions enacted in 1903, to call the National Guard into federal service unilaterally, bypassing state approval. This is a rare and historic move, as it allows the president to command troops in Los Angeles directly.
California has challenged the federal deployment in federal court, contesting the president's authority to deploy troops against the wishes of state and local officials. Legal rulings have been postponed as the courts consider the implications, and an appellate court overturned a restraining order which had previously blocked the deployment.
Protests in Los Angeles are subsiding, and the mayor has lifted the curfew that was previously imposed after earlier clashes with police. This comes amid the ongoing legal dispute over the National Guard deployment.
History
- 17d
8 articles - 17d
12 articles
- 17d6 articles
- 18d
7 articles