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An appellate court is set to hear critical arguments on Tuesday in California regarding a lawsuit filed by Democratic Governor Gavin Newsom. The lawsuit challenges President Donald Trump’s assertion of power to deploy the National Guard in response to protests and riots related to anti-immigration enforcement, particularly in Los Angeles County.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit will determine if Trump has the authority to continue utilizing thousands of National Guard members and hundreds of Marines for security operations throughout the county.
This panel includes two judges appointed by Trump and one appointed by President Biden, highlighting the varying political perspectives on this contentious issue.
Following a recent ruling from a lower court that favored Newsom and deemed Trump’s deployment of National Guard troops and Secretary of Defense Pete Hegseth’s involvement as illegal, the three judges issued a temporary pause on that decision.
The appellate court now faces the decision of whether to extend this pause, which has significant implications for the ongoing protests.
In legal documents filed with the court, attorneys representing the Department of Justice argue that the deployment serves a specific purpose: protecting federal personnel and buildings from potential unrest. They assert that the provisions of Title 10, which Trump referenced in his proclamation to federalize the National Guard, grant him authority to mobilize troops without seeking consent from state governors.
Newsom has vehemently opposed Trump’s federalization of the National Guard, arguing that such actions have intensified unrest and resulted in an increase in rioting incidents. California’s legal team contends that no situation has arisen that would justify this kind of military involvement, emphasizing that the declared rioting levels do not meet the necessary criteria outlined in the Title 10 provision.
California’s attorneys argue that the claims presented by the federal government do not reflect the realities on the ground. They maintain that evidence does not substantiate the assertion that a rebellion or similar threat exists in the area.
They cite the district court’s findings, stating that the circumstances do not represent a state of rebellion or a situation where the President is unable to execute the laws of the United States using regular forces.
Since June 7, Trump has federalized approximately 4,000 National Guard members and has enlisted 700 Marines to support operations in California, coinciding with increased actions by Immigration and Customs Enforcement (ICE) targeting individuals facing deportation. These operations have sparked ongoing unrest as many protests have occurred surrounding these ICE raids.
ICE officials claim that National Guard deployment has been crucial in maintaining order at high-traffic locations, such as the 300 N. Los Angeles Federal Building, which has seen escalated protests since these immigration operations began.
In statements provided by ICE officials, they noted that before the National Guard’s involvement, protesters and rioters frequently attacked federal, state, and local law enforcement officers with various projectiles. Physical assaults included throwing rocks and fireworks, leading to property damage and creating a perilous environment for officials attempting to maintain order.
With the situation unfolding in California, the ruling from the appellate court will play a pivotal role in shaping the engagement of federal forces and the ongoing discourse surrounding the intersection of federal authority and state governance in times of civil unrest.
The upcoming decision by the Ninth Circuit will not only impact the immediate situation in California but could also set a significant precedent regarding presidential authority during domestic crises. It remains crucial for observers to monitor how this case unfolds, as it may influence future federal-state interactions and the deployment of military resources in civilian contexts.
The stakes are high. The decision could ripple through similar situations across the country, reshaping how federal administrations handle unrest and the deployment of military personnel within states. As these legal arguments are presented, the nation watches closely to see how the judiciary will interpret the balance of power between state and federal authorities.