The 9th Circuit Court of Appeals examined the legality of President Trump's deployment of federal troops in Los Angeles, debating the administration's claim of nearly unlimited military discretion on U.S. streets. The panel, which included two Trump appointees and one Biden appointee, raised concerns over a previous ruling requiring the National Guard's immediate return to California. This case could shape the boundaries of presidential powers, with implications for how courts might review such actions. A decision is anticipated soon, with significant constitutional questions at stake.
When one of the Trump appointees, Judge Mark J. Bennett of Honolulu, asked if a president could call up the National Guard in all 50 states and the District of Columbia in response to unrest in California and be confident that decision was "entirely unreviewable" by the courts, Assistant Atty. Gen. Brett Shumate replied unequivocally: "Yes."
The crucial question ... is whether the judges seem inclined to accept Trump's argument that he alone gets to decide if the statutory requirements for nationalizing the California national guard are met," said Erwin Chemerinsky, dean of the UC Berkeley School of Law.
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