In a unanimous decision Thursday, the Ninth Circuit Court of Appeals ruled in favor of President Donald Trump, allowing him to retain control of National Guard troops stationed in Los Angeles.
This ruling overrides a lower court's decision that had ordered command of the troops be returned to California Governor Gavin Newsom.
It marks the first time since 1965 that a president has deployed the National Guard without a governor’s consent.
The court acknowledged the president acted within his legal authority.
"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 judges wrote.
However, the court pushed back on Newsom’s claim that the president’s action is immune from legal scrutiny. They said they do not agree the decision is “completely insulated from judicial review.”
Trump celebrated the outcome Thursday night on Truth Social.
"BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done. This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!"
Although Trump failed to notify Governor Newsom before deploying troops, as required by law, the court ruled that Newsom did not have the authority to override the president’s order.