Ninth Circuit says Trump had no authority to deploy National Guard in LA

The panel followed last year's decision by the U.S. Supreme Court barring the deployment of the National Guard in Chicago, finding no plausible basis there was a "rebellion" last summer in LA.PASADENA, Calif. (CN) — The Ninth Circuit on Friday said President Donald Trump overstepped his authority in June of last year when he deployed the National Guard in Los Angeles as protests erupted against the unprecedented immigration crackdown in Southern California.In a split decision, the panel followed the U.S. Supreme Court’s reasoning last year that the president lacked authority to federalize the National Guard in response to protests in Chicago.The panel affirmed a preliminary injunction against Trump’s deployment of the National Guard in LA and rejected the administration’s argument that there was a rebellion or danger of a rebellion against the authority of the U.S. government.“A determination that the conditions in Los Angeles on June 7, 2025, constituted ‘a rebellion or danger of rebellion’ does not reflect a colorable assessment within a range of honest judgment,” U.S. Circuit Judge Jennifer Sung wrote.There was no evidence of organization among bad actors — just sporadic or impromptu violence, the Joe Biden appointee said, referring to last year’s findings of the trial judge in San Francisco who issued a temporary restraining order against National Guard deployment.Sung was joined in the majority by U.S. Circuit Judge Eric Miller, a Trump appointee.U.S. Circuit Judge Mark Bennett, also a Trump appointee, said in dissent that the panel shouldn’t have addressed the merits of the case after the Trump administration had asked to drop its appeal of the lower court’s decisions.“Today is a crucial day for the rule of law, upholding the Constitution, and defending democracy," California Governor Gavin Newsom said in a statement. “Yet another court has issued a complete rejection of Donald’s Trump illegal, authoritarian takeover of our state’s National Guard.”Representatives of the U.S. Justice Department didn’t immediately respond to a request for comment.Trump deployed thousands of guard members and Marines to LA last year, citing “numerous incidents of violence and disorder” that followed the immigration sweeps by U.S. Immigration and Customs Enforcement agents, calling the protests “a form of rebellion."California sued the Trump administration two days after deployment began. Soon after, Senior U.S. District Judge Charles Breyer issued a temporary injunction returning control of the National Guard to Newsom. The federal government appealed the Bill Clinton appointee’s order, and the Ninth Circuit stayed the injunction, handing the president broad discretion to deploy the guard if his ability to execute federal law is “significantly impeded.”A few days later, the appeals court extended the emergency pause, finding Trump was within his authority to deploy the National Guard. However, the panel noted it disagreed with the federal government’s argument that Trump’s deployment decision was “unreviewable.”Deputy Assistant Attorney General Eric McArthur argued at a hearing last October before the Ninth Circuit panel that the president has unreviewable discretion to send the National Guard and determine how long they are deployed.That, however, was before the U.S. Supreme Court ruled the federal government hadn’t carried its burden to show that Title 10 of the U.S. Code of Law permits the president to federalize the guard to protect federal personnel and property in Illinois.A rarely used statute, Title 10 can only be utilized when the country faces foreign invasion, the U.S. government faces rebellion or the president is unable to execute laws with regular resources.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads