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In a unanimous ruling from the 9th Circuit Court of Appeals on Thursday, President Trump was allowed to maintain control of the National Guard deployed in Los Angeles.
The ruling maintains a lower court order that ordered the command of the army back to California Governor Gavin Newsom.
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LR: President Trump and Secretary of State Marco Rubio. National Guard (Applications)
Trump’s decision to deploy the National Guard was first since 1965 by the president of the state’s National Guard without permission from the governor.
In its submission, the court said it believed the president had made a legitimate decision.
“Given that respect to the President, we conclude that it is likely that the President has legally exercised his statutory authority under §12406(3), which approves federalization of the National Guard if the President is unable to enforce US law,” the court said.
The court also said it opposed Governor Newsom’s claim that the president’s decision to federate California State Guard members under 10 USC §12406 was completely insulated from judicial review.
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The president failed to notify the governor before deploying the National Guard in response to the law’s demands, but the court said Newsom had no authority to reject the president’s orders.
This is a developing story. Please check for updates.
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