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In a unanimous ruling from the Ninth Circuit Court of Appeals on Thursday, President 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 Governor Gavin Newsom.
Trump’s decision to deploy the National Guard was the first by a president of a state National Guard without the governor’s permission since 1965.
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.
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The court also stated they disagreed with Governor 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.
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.