LA anti-ICE protest: Reacting sharply to a federal appeals court decision on Thursday that allows the former president to maintain control of National Guard troops deployed to Los Angeles, California Governor Gavin Newsom said that US President Donald Trump is not above law.
“Donald Trump is not a king and not above the law. Tonight, the court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court. We will not let this authoritarian use of military soldiers against citizens go unchecked,” reads California governor Governor Gavin Newsom’s post on X.
What the court ruled?
The ruling by a three‑judge panel of the 9th US Circuit Court of Appeals overturned a lower court decision that had found Trump acted unlawfully when he activated the troops despite objections from Governor Newsom. In its unanimous decision, the court stated that Trump acted within his authority to federalise the National Guard, citing evidence of serious violence and damage caused by protesters.
“The undisputed facts demonstrate that before the deployment of the National Guard, protesters pinned down several federal officers, threw concrete chunks, bottles of liquid, and other objects, and caused the closure of at least one federal building,” the court said. “A federal van was also attacked, and its windows were smashed. The federal government’s interest in responding to incidents like these is significant.”
Newsom vs Trump
The decision marks the first time since 1965 that a president has federalized a state National Guard unit without the governor’s consent. The court acknowledged that while a president doesn’t have unfettered power to seize control of state troops, Trump had presented enough evidence and a valid justification for doing so. Even if the federal government failed to notify the governor as required by law, the court concluded that Newsom had no veto power over the order.
Trump argued that the troops were necessary to restore order, especially in Democratic‑run cities where he alleged unrest and violence were escalating. In contrast, Newsom called the move an overreach that inflamed tensions and wasted resources. “We will not let this authoritarian use of military soldiers against citizens go unchecked,” Newsom said.
The court stated that “courts should be reluctant to step in” when a President exercises such authority, making this a pivotal case in the ongoing struggle between state and federal powers.
Although the court has allowed Trump to retain control of the National Guard in this instance, the case will continue to move through the courts.