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(NewsNation) — A court battle will play out Tuesday over the Trump administration’s decision to deploy the California National Guard to Los Angeles despite objections from Gov. Gavin Newsom.
A federal appeals court hearing in San Francisco will examine whether the White House overstepped in its response to LA-area protests against President Donald Trump’s immigration crackdown.
NewsNation will stream the hearing from this story when it begins at 12 p.m. PDT.
The panel’s eventual ruling is likely to reverberate around the country, setting a precedent for presidential power to deploy military personnel amid protests.
But in the short term, it’s about who controls the National Guard.
A three-judge panel will determine which political leader has the authority to control the troops.
Last week, Trump deployed troops to LA under Title 10 of the U.S. Code, which allows a president to “call into federal service members and units of the National Guard of any State in such numbers as he considers necessary” when there is a rebellion, an invasion or the danger of either happening.
Tuesday’s hearing will focus on if the protests constituted a “rebellion” and whether Trump violated procedure by not first consulting Newsom.
The judges will also examine the scope of the deployment, including whether using U.S. Marines pushes the limits of federal law.
A federal judge initially ruled Trump acted illegally and ordered the troops back under state control, but the court paused that late last week.
If today’s panel sides with Trump, he will keep control of the California National Guard — effectively sending the message that he is willing to step in on the state and city level.
But if they side with Newsom, Trump’s move will be declared unlawful and the California governor will regain control of his state’s troops.
Legal analysts say a final ruling isn’t expected for weeks. Regardless of the decision, it’s almost certain to be appealed and sent to the Supreme Court.
NewsNation’s Anna Kutz contributed to this report.
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Author: Xavier Walton
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