Appellate Judges Seem Skeptical They Can Stop Trump’s National Guard Deployment

The three-judge panel includes two appointees from Trump’s first term and one from the Biden administration.

Members of the California National Guard and U.S. Marines guard a federal building in LA
Damian Dovarganes/AP

A panel of appellate judges appeared doubtful on Tuesday that they could transfer power over California National Guard soldiers back to Gov. Gavin Newsom after President Donald Trump activated them in response to immigration protests in Los Angeles.

In a case that’s speeding its way through the nation’s court system, California’s Democratic governor argued that the president is escalating civil unrest while masked immigration agents conduct increasingly militarized deportation raids with armored vehicles.

Following Trump’s decision to activate the National Guard over Newsom’s complaints, a trial judge last week temporarily halted the federalization of state troops. But that ruling was immediately put on ice by the 9th Circuit Court of Appeals.