“Yet another court has issued a complete rejection of Donald’s Trump illegal, authoritarian takeover of our state’s National Guard. California fought back against this potential power grab, and in doing so created essential legal precedent that not only protects Californians but all Americans. California continues to stand as a first line of defense against Donald Trump’s authoritarianism,” CA Gov. Newsom said.
A federal appeals court has found that President Donald Trump’s deployment of the National Guard to Los Angeles last year was unlawful.
According to The Hill, the U.S. Circuit Court of Appeals for 9th Circuit rejected 2-to-1 the Trump administration’s argument that high-profile demonstrations in the Los Angeles area served as sufficient reason for the federal government to activate the California National Guard over Gov. Gavin Newsom’s objections.
“Defendants have not made either of the required threshold showings here,” U.S. Circuit Court Judge Jennifer Sung said. “Thus, they have not carried their burden.”
Sung, notes The Hill, was joined on the panel by two Trump-appointed judges: Eric Miller and Mark Bennett. While Miller joined the decision against the administration, Bennett dissented.
In his separate dissent, Bennett said that his colleagues shouldn’t have decided the case, as the Trump administration had already asked that its appeal be dismissed and returned to trial court.
“But the majority insists on pressing forward, relying primarily on outdated briefs prepared amid a shifting legal landscape,” Bennett said, referring to a recent Supreme Court ruling.
In its decision, the Supreme Court found that Trump failed to meet the legal requirements to deploy the National Guard to Chicago.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws of Illinois,” the Supreme Court ruled in a 6-3 decision.
The Hill notes that Trump deployed the National Guard to a number of U.S. cities last year, including Los Angeles, Chicago, Memphis, Portland, and Washington, D.C. All of these cities are controlled by Democrats. Trump justified the deployments by citing a law that allows the president to federalize the National Guard in instances of rebellion or when the government is unable to execute the law through ordinary means.
Last year, however, the U.S. Supreme Court found that these deployments may have been unlawful, in part because the law uses the term “regular forces,” with the majority of justices finding that this most likely refers to the military rather than the National Guard, the latter of which is typically administered by states.
In a statement, California Gov. Gavin Newsom praised the 9th Circuit’s ruling.
“Today is a crucial day for the rule of law, upholding the Constitution, and defending democracy. Yet another court has issued a complete rejection of Donald’s Trump illegal, authoritarian takeover of our state’s National Guard. California fought back against this potential power grab, and in doing so created essential legal precedent that not only protects Californians but all Americans. California continues to stand as a first line of defense against Donald Trump’s authoritarianism,” Newsom said.
Sources
Appeals court rules Trump unlawfully deployed National Guard to California
Supreme Court won’t allow National Guard deployment to Chicago in major loss for Trump
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