Appeals court in San Francisco to hear arguments in National Guard deployment in Los Angeles

SAN FRANCISCO (AP) — On Tuesday, a federal appeals court in San Francisco is set to listen to arguments regarding the Trump administration’s necessity to hand back control of National Guard forces to California. These forces were originally deployed following demonstrations in Los Angeles spurred by immigration raids.

The session follows the 9th U.S. Circuit Court of Appeals’ recent decision to temporarily halt a lower court’s order, which demanded President Donald Trump to cede command of the troops back to the governor who had initiated legal action in response to their deployment.

The three-judge panel is set to hear oral arguments via video starting at noon, and protests outside the downtown San Francisco court are expected.

In San Francisco last week, U.S. District Judge Charles Breyer deemed the National Guard’s deployment illegal, asserting it overstepped Trump’s statutory authority. His ruling solely addressed the National Guard soldiers and did not extend to the Marines, who were likewise sent to Los Angeles.

The Trump administration argued the deployment was necessary to restore order and protect federal buildings and officers.

In his lawsuit, Gov. Gavin Newsom accused the president of inflaming tensions, breaching state sovereignty and wasting resources. The governor calls the federal government’s decision to take command of the state’s National Guard “illegal and immoral.”

Newsom filed the suit following days of unrest as demonstrators protested against federal immigration raids across the city.

The judge ruled the Trump violated the use of Title 10, which allows the president to call the National Guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is unable “to execute the laws of the United States.”

Breyer, who was appointed by former President Bill Clinton, said in his ruling that what has been happening in Los Angeles does not meet the definition of a rebellion.

“The protests in Los Angeles fall far short of ‘rebellion,’” he wrote. “Individuals’ right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone.”

The National Guard hasn’t been activated without a governor’s permission since 1965, when President Lyndon B. Johnson sent troops to protect a civil rights march in Alabama, according to the Brennan Center for Justice.

You May Also Like
Experts debunk Tyler Robinson's ballistics claim: 'Unable to identify is not the same as ruled out'

Prosecutors Grant Limited Immunity to Roommate and Lover of Alleged Charlie Kirk Assassin Tyler Robinson

Robinson defense alleging prosecutor misconduct Criminal defense lawyer Josh Ritter appeared on…
G7 leaders back Trump's plan to end Iran war that faces skepticism at home

G7 Leaders Endorse Trump’s Iran War Exit Plan Amid Skepticism at Home

EVIAN-LES-BAINS, France — Leaders at the Group of Seven summit on Wednesday…
Barry Moore Wins Runoff for Tuberville's Senate Seat, Despite a 'Dewey Defeats Truman' Snafu

Barry Moore Secures Tuberville’s Senate Seat in Runoff, Despite Election-Night Reporting Mix-Up

Alabama Republicans headed into a runoff for the U.S. Senate between Rep.…
Man killed after horse-drawn carriage bolts and flips near popular New York City tourist destination

Man Dies After Horse-Drawn Carriage Flips Near Central Park in New York City

An 18-year-old tourist from India was killed Wednesday after a horse-drawn carriage…
Alex Murdaugh's lawyer vows to dismantle infamous kennel video as defense weighs another turn on the stand

Alex Murdaugh Lawyer Targets Key Kennel Video as Defense Considers Another Testimony Twist

Alex Murdaugh’s legal team says it is prepared to confront the key…
5 chilling details from the alleged White House attack plot tied to UFC event

5 Disturbing Details in the Alleged White House Attack Plot Linked to a UFC Event

FBI foils alleged drone terror plot targeting White House UFC event The…
Smiling suspect stands out as authorities release mugshots of 5 accused in alleged White House UFC attack plot

Authorities release mugshots of five suspects in alleged White House UFC attack plot, with one image drawing attention

New details emerge on alleged UFC terror plot targeting White House Authorities…
Chicago, Illinois weather forecast: Tornado Watch issued for parts of Chicago area | Radar

Chicago Weather Alert: Tornado Watch Issued Across Parts of the Chicago Area — Live Radar Updates

Severe weather is expected to impact the Chicago area on Wednesday, with…
Senior US officials dictate memorandum with Iran to journalists+

US Officials Quietly Shape Iran Memorandum Through Journalist Briefings

Senior U.S. officials on Wednesday briefed reporters on the memorandum of understanding…
Man dies after carriage horse gets loose in New York City's Central Park, crash

Central Park Carriage Horse Crash Leaves Man Dead After Runaway Incident in NYC

NEW YORK — An 18-year-old man died after being critically injured in…
Jeanine Pirro calls out 'dirtbags' after 14 charged in alleged cocaine ring operating feet from a schoolyard

Jeanine Pirro Slams Alleged Cocaine Ring Near Schoolyard as 14 Are Charged

Jeanine Pirro reveals DC police officers manipulated crime stats to make city…
Couple recalls narrow escape from Merrillville, Indiana tornado as severe weather tomorrow includes tornado risk, strong storms

Couple Recalls Close Call in Merrillville Tornado as Tomorrow’s Severe Weather Brings New Tornado Threat

MERRILLVILLE, Ind. (WLS) — A week after a tornado ripped through Merrillville,…