The 9th U.S. Circuit Court of Appeals has currently dismissed California’s bid to compel President Donald Trump to relinquish command over the state’s National Guard. The court recently opined that it is plausible that the president had acted well within his legal rights in the wake of certain protest episodes in Los Angeles.
An anonymous order issued from a panel of three judges from the aforementioned court has provisionally stayed a decision of a lower court aiming to have President Trump transfer control of around 4,000 National Guard members back to Governor Gavin Newsom. This provisional stay will persist while the Trump administration lodges an appeal against the ruling of the lower court.
The lower court had ruled that the president had breached both the Constitution and statutory laws through his order. The opinion of the 9th Circuit Court has been delivered at a time of swift litigation around the factors of the National Guard’s federalization and against the backdrop of Democratic officials’ concerns regarding the escalating role of military forces in local law enforcement.
The Trump administration has defended its stance claiming that the National Guard was required to guard federal officials and federal property against ‘riots’ in Los Angeles. The administration federalized the troops under a law which mandates that a ‘rebellion’ occurs or federal officials are unable to enforce laws with regular forces.
Having granted due respect to the president’s decision, the judges of the 9th Circuit concluded that it is plausible the president acted within his desired legal authority when federalizing the National Guard forces. Following the verdict, Trump shared his delight on social media and heralded the decision as a testament to his fair exercise of power.
Trump further stated his preparedness to deploy troops as and when required, in situations where state and local police forces fail to address the law and order effectively. This verdict was appreciated by the president as a significant achievement for the nation and he pledged continual support for complying and lawful Americans.
Trump took to social media to express his euphoria over the judgement, thanking the 9th Circuit and proclaiming that America was proud of their decision. The President initially invoked his rights to federalize numerous members of the state’s National Guard on the 7th of June, a consequence of sporadic violent protests in Los Angeles triggered by immigration raids by federal officials in the city.
In addition to mobilizing National Guard members, President Trump also assigned hundreds of Marines to ensure stability in the city. The state of California in its lawsuit has put forth the argument that President Trump’s interpretation of the law was almost limitless and it unfairly enabled the use of federal troops for law enforcement activities.
The state officials of California maintained the presence of troops was not necessary and it only served to exacerbate the city’s tensions. They further claimed that the local and state police forces had the situation completely under control and had managed multiple arrests.
The prior week witnessed a judge from the U.S. District Court for the Northern District of California issuing a temporary restraining order against the federalization move. This development prompted the appeal to the 9th Circuit by the Trump administration.
Subsequent developments reveal that a hearing was due to take place in the case by the judge the following Friday. Interestingly, the 9th Circuit Court dismissed President Trump’s widest-ranging argument – that his decision to federalize the state guard was beyond the purview of judicial review.
However, the court permitted President Trump a significant degree of flexibility in his actions. Due to these proceedings and the pending decision, the standing case is now recognized as Gavin Newsom et al. v. Donald Trump et al.