Appeals court sides with Trump over Newsom on California National Guard

MSNBC -  A federal appeals court panel has sided with the Trump administration in litigation over President Donald Trump’s takeover of the California National Guard and deployment of troops in Los Angeles. The question before the U.S. Court of Appeals for the 9th Circuit was whether it would halt a trial judge’s temporary restraining order against the administration.

It will, a three-judge appellate panel said Thursday night, in a unanimous decision that keeps the Guard under federal control while litigation continues.

While the panel rejected the administration’s main argument that Trump’s decision to federalize members of the state Guard is unreviewable by courts, it said that it still had to give the president great deference. And with that deference in mind, it’s likely that Trump lawfully federalized the Guard, the panel said. It keyed in on a legal provision that lets presidents do so when “the President is unable with the regular forces to execute the laws of the United States.”