Trump's National Guard Use in California Faces Legal Test

By Global Leaders Insights Team | Jun 18, 2025
  • California challenges Trump’s unilateral National Guard deployment.
  • Legal battle could set a precedent on state sovereignty and federal power.
  • A swift Supreme Court appeal is possible depending on the ruling.

President Donald Trump’s deployment of California’s National Guard to suppress protests in Los Angeles is facing intense legal scrutiny.

The 9th US Circuit Court of Appeals in San Francisco, with a panel including two Trump appointees and one Biden appointee, heard arguments on whether Trump’s use of the National Guard without California’s consent violates the law. The Trump administration asserts that the president has absolute, unreviewable discretion to deploy troops to enforce federal authority in cases of rebellion or unrest.

California’s Democratic Governor Gavin Newsom strongly opposes the deployment, calling it a dangerous overreach and a violation of state sovereignty. State attorneys argue that the move undermines constitutional traditions and sets a dangerous precedent by allowing federal control over state forces without state approval. They emphasized the need for the president to consider less extreme measures before deploying military forces.

The Justice Department contends that the urgency of the situation justifies immediate action to protect lives and property, and that Trump’s bypassing of the governor was legally sound. The appeals court recently paused a lower court ruling that had declared Trump’s deployment illegal, pending further review.

Also Read: Trump's National Guard Move in LA Sparks Legal Battle

A final decision on whether the National Guard will remain under Trump’s control during the legal proceedings could be quickly escalated to the US Supreme Court. Another hearing is scheduled for Friday to consider a longer-term block on the president’s authority over the troops. This case could set a significant precedent for the balance of federal and state powers in times of civil unrest.