Ninth Circuit Rules Trump Lacked Authority to Deploy Guard in LA
The Ninth Circuit ruled Trump’s 2025 National Guard deployment in Los Angeles was unlawful.
Why it matters: This decision reinforces limits on presidential authority to federalize the National Guard without state consent, a vital aspect of constitutional law and separation of powers relevant to legal professionals.
- The Ninth Circuit ruled on October 23, 2026, that Trump’s June 2025 deployment of 4,000 California National Guard troops to Los Angeles exceeded statutory authority.
- Judge Jennifer Sung authored the majority opinion, joined by Judge Eric D. Miller; Judge Mark J. Bennett dissented.
- The court found no plausible basis for declaring a 'rebellion' to justify deployment under statutory or constitutional grounds.
- The ruling aligns with the Supreme Court’s December 2025 decision blocking Trump’s National Guard deployment in Chicago.
- California officials including Attorney General Rob Bonta and Governor Gavin Newsom praised the ruling as a victory for state sovereignty.
On October 23, 2026, the Ninth Circuit Court of Appeals delivered a significant ruling finding that President Donald Trump’s deployment of 4,000 National Guard members to Los Angeles in June 2025 was unlawful. The court’s majority opinion, written by Judge Jennifer Sung (a Biden appointee) and joined by Judge Eric D. Miller (a Trump appointee), held that the President exceeded his statutory authority and violated the constitutional separation of powers by unilaterally federalizing the National Guard without a valid legal basis.
The court determined that there was "no plausible basis" for the claim that a rebellion was occurring in Los Angeles that would justify the deployment under federal law. This decision follows and reinforces a December 2025 Supreme Court ruling which blocked a similar deployment by Trump of National Guard troops in Chicago for failure to identify a legal authority for the action. The Supreme Court emphasized the limits on presidential power in domestic military matters.
California Attorney General Rob Bonta celebrated the Ninth Circuit ruling, stating it was "a victory for the rule of law and the constitutional principle that the President cannot unilaterally federalize the National Guard without a legitimate basis." Governor Gavin Newsom also welcomed the decision, highlighting the protection of state sovereignty and the reaffirmation of presidential power limits. Both officials emphasized that state control over the National Guard remains constitutionally protected.
The ruling further extends the judicial precedent limiting the executive branch’s ability to deploy military forces domestically without clear statutory and constitutional authorization, an issue closely watched by legal professionals concerned with separation of powers and federalism principles.
By the numbers:
- 4,000 — California National Guard members deployed in June 2025 to Los Angeles.
- October 23, 2026 — Date of the Ninth Circuit ruling.
- December 23, 2025 — Supreme Court blocked Trump’s National Guard deployment in Chicago.