Updated October 26, 2026. This article is based on news reports; we recommend reading the court’s opinion for its full reasoning.
A federal appeals court ruled 2-1 on Friday that President Donald Trump’s deployment of the National Guard to the Los Angeles area last year was unlawful, according to The Hill. The ruling is the latest chapter in a dispute that began in June 2025.
Background
After protests over immigration enforcement raids in Los Angeles in June 2025, the administration federalized the California National Guard and sent in thousands of troops, along with Marines, over the objections of California Gov. Gavin Newsom. California sued, arguing that the move exceeded the president’s authority and violated the Tenth Amendment. At an earlier stage of the case, an appeals panel allowed the president to keep control of the troops while the litigation continued, finding it likely that he had acted within his statutory authority.
The legal questions
- Statutory authority. A federal law, 10 U.S.C. § 12406, allows the president to call the Guard into federal service in limited circumstances, including rebellion or when he is unable with regular forces to execute federal laws. The core question is whether those conditions were met.
- State sovereignty. States and their governors normally command their own National Guard units, so federalizing them over a governor’s objection draws constitutional scrutiny.
- Domestic military use. The Posse Comitatus Act limits the use of the military for civilian law enforcement, and courts have examined how it applies.
The competing views
The administration has argued that protesters endangered federal officers and that it needed to protect federal personnel and property. California and its supporters argued that local law enforcement could handle the protests and that the deployment was an overreach. Because the ruling was 2-1, the dissent may become part of any further appeal.
What happens next
The government can ask the full appeals court to rehear the case or seek review from the Supreme Court.
