US Election 2024

Court rules Trump can maintain National Guard despite Newsom’s objection

President Trump has emerged victorious in a recent legal battle over control of National Guard troops deployed to Los Angeles. The Ninth Circuit Court of Appeals handed down a unanimous ruling on Thursday, allowing the President to maintain command of the troops, overturning a lower court order that sought to return control to California Governor Gavin Newsom.

This decision marks a significant moment in history, as it is the first time since 1965 that a president has deployed a state’s National Guard without the governor’s approval. The court’s ruling emphasized that they believed President Trump had acted within his lawful authority in making this decision.

The court cited Section 12406(3) of the law, which authorizes the federalization of the National Guard when the President deems it necessary to execute the laws of the United States. By affording deference to the President’s decision, the court concluded that his actions were likely lawful.

Governor Newsom’s argument that the President’s decision was immune from judicial review was dismissed by the court. Despite the President’s failure to notify the governor before deploying the National Guard, as required by law, the court maintained that Newsom did not have the power to veto the President’s order.

This ruling sets a precedent for future interactions between state governors and the federal government regarding the deployment of National Guard troops. It underscores the authority of the President in matters of national security and law enforcement.

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