In a unanimous ruling from the Ninth Circuit Court of Appeals on Thursday, President Donald Trump was allowed to keep control of National Guard troops deployed to Los Angeles.
The ruling stays the lower court order that ordered command of the troops back to California Gov. Gavin Newsom.
A president hasn’t made a decision about the deployment of a National Guard without the permission of the state’s governor since 1965.
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In the filing, the court stated that they believed the president had made a lawful decision.
“Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when the President is unable with the regular forces to execute the laws of the United States,” the court stated.
The court also stated they disagreed with Newsom’s argument that the president’s decision to federalize members of the California National Guard under 10 U.S.C. § 12406 is completely insulated from judicial review.
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Trump, in a post to Truth Social on Thursday night, praised the Court of Appeals for their decision and said the decision was a win.
“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done. This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!,” he posted.
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Even though the president failed to notify the governor before deploying the National Guard as required by law, the court cited that Newsom had no power to veto the president’s order.