A California appeals court will hear arguments on Tuesday in a high-stakes legal battle over whether former President Donald Trump can retain control of the state’s National Guard a move he made in defiance of California’s leadership during unrest in Los Angeles.
The dispute stems from Trump’s deployment of more than 4,000 National Guard troops and 700 U.S. Marines to Los Angeles, where immigration raids had ignited widespread largely peaceful protests, accompanied by sporadic violence and vandalism.
The controversial move bypassed the authority of Democratic Governor Gavin Newsom, who typically commands the state’s National Guard. Last week, a lower court judge ruled Trump's actions illegal and ordered him to cede control back to the governor. However, the Trump administration swiftly appealed the decision, prompting a higher court to temporarily suspend the order pending Tuesday’s hearing in San Francisco.
At the heart of the case is a constitutional clash over presidential authority. The Trump administration has condemned the ruling as an “extraordinary intrusion” into the powers of the Commander-in-Chief.
For now, troops in full fatigues remain stationed around federal buildings in Los Angeles, equipped with shields and helmets. While they are legally barred from detaining civilians, some have reportedly used tear gas and non-lethal ammunition against protesters.
Critics, including Governor Newsom and Los Angeles Mayor Karen Bass, accuse Trump of deliberately escalating tensions. “His plan is clear: Incite violence and chaos in blue states, have an excuse to militarize our cities, demonize his opponents, and consolidate power,” Newsom posted on X.
Mayor Bass called the move a “manufactured crisis,” arguing local law enforcement could have handled the demonstrations without federal intervention.
This marks the first time since 1965 that a U.S. president has deployed the National Guard against the will of a state governor. The case, underscoring broader concerns about the expansion of executive power, may ultimately be decided by the U.S. Supreme Court, where conservative justices hold a 6–3 majority.
Meanwhile, protests continue across several U.S. cities, including San Francisco, Chicago, and New York, as anger mounts over Trump's hardline immigration policies and the aggressive tactics of federal agents.