Fact Check: Ninth Circuit Court Grants Trump Unprecedented Authority Over National Guard Deployment
What We Know
Recently, the Ninth Circuit Court of Appeals ruled that President Donald Trump could maintain control over the California National Guard, which he had deployed to Los Angeles amid protests related to his administration's immigration policies. This decision reversed a lower court ruling that had deemed Trump's mobilization of the troops as "illegal" under the Tenth Amendment, which delineates the powers of state and federal governments (Time, PBS).
The court found that Trump "likely acted within his authority" under Title 10, Section 12406 of the U.S. Code, which allows the President to mobilize the National Guard if he cannot execute laws with "regular forces" or if there is a risk of invasion or rebellion (Time). However, the court also noted that the protests did not constitute a rebellion, indicating a nuanced interpretation of Trump's authority (Reuters).
Analysis
The claim that the Ninth Circuit granted Trump "unprecedented authority" is somewhat misleading. While the court did allow Trump to retain control over the National Guard, it did so under existing statutory frameworks that have been in place for many years. The ruling indicates that Trump likely acted within his legal rights, but it does not imply that he has been granted new or extraordinary powers beyond what is already established in law (Time, PBS).
The court's decision was unanimous, consisting of two judges appointed by Trump and one by Biden, which lends credibility to the ruling as a bipartisan interpretation of the law (Time). However, it is important to note that the court also rejected the argument that Trump's deployment decisions were "unreviewable," indicating that there are still checks on presidential power in this context (PBS).
California Governor Gavin Newsom expressed concern that the ruling could set a precedent for federal overreach, stating that the court's decision did not grant Trump the authority to act without accountability (Time). This highlights the ongoing tension between state and federal powers, particularly in the context of military deployment.
Conclusion
The claim that the Ninth Circuit Court granted Trump "unprecedented authority" over National Guard deployment is Partially True. While the court did affirm Trump's ability to control the National Guard under existing laws, it did not create new powers for him. The ruling reflects a legal interpretation of existing statutes rather than an expansion of presidential authority. The court's decision also maintains a degree of oversight, suggesting that Trump's actions are still subject to legal scrutiny.
