The 9th US Circuit Court of Appeals has issued a ruling that temporarily allows Donald Trump to maintain the deployment of National Guard troops in Los Angeles. The unanimous decision by a three-judge panel suspended a prior order that had found the deployment unlawful and required the troops to be returned to the control of California Governor Gavin Newsom. The panel, composed of judges nominated by both Trump and President Biden, emphasized that their ruling pertained only to the specific circumstances at hand. They clarified that the decision did not address the nature of the National Guard’s activities. The appeals panel didn’t agree with the administration that Trump’s decision was not subject to court review. However, the judges stated they must be ‘highly deferential.’ The court’s ruling stems from Trump’s deployment of National Guard troops to protect immigration officers during recent protests in Los Angeles. The appeals court’s decision favors Trump but may be short-lived. A hearing is scheduled for the district judge to decide on an indefinite injunction. The appeals panel said that the latter trigger was likely met, so it did not need to reach the question if there was a rebellion. The judges also rejected the argument that Trump failed a statutory requirement to issue his deployment order ‘through’ the governor.
