A three-judge panel will determine whether National Guard troops can remain under President Trump’s command in Los Angeles as protests against immigration raids continue.
A federal appeals court will hear arguments Tuesday to determine whether President Trump, against the wishes of Gov. Gavin Newsom, can keep using California’s National Guard to protect immigration enforcement agents and quell protesters in Los Angeles.
The hearing, convened by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, comes at a time when local organizers have vowed to continue protesting against immigration raids, though demonstrations in downtown Los Angeles have quieted since the weekend.
A district court judge, Charles Breyer, determined last week that Mr. Trump’s use of the National Guard was illegal and temporarily ordered the president to return control of the forces to Mr. Newsom.
But the Trump administration immediately appealed the ruling, and the Ninth Circuit panel stayed the lower court decision while it considers the matter. The panel consists of two appointees of Mr. Trump and one of former President Joseph R. Biden Jr.
It may ultimately be up to the Supreme Court whether a president can bypass governors to deploy the National Guard in states under the law Mr. Trump invoked. The outcome of the case could carry significant implications for limits on the use of the military force on domestic soil.
The three-judge panel on Tuesday will consider the narrow, but consequential, matter of whether Mr. Trump can keep controlling the troops for now while the legal fight continues to play out.
