In celebrating a temporary legal victory Thursday night, Donald Trump immediately threatened to deploy the National Guard in any state where protests occur. But California will continue to do battle with the administration in district court Friday.

That three-judge panel at the Ninth Circuit Court of Appeals ruled in President Trump's favor Thursday, as they were expected to do following their hearing on Tuesday on the issue of his federalizing the National Guard to quell protests in Los Angeles. While those protest have died down for the moment, the issue of whether Trump can legally continue to deploy the military to conduct civilian law enforcement still remains before the courts.

The Ninth Circuit panel wrote that, "Affording appropriate deference to the president’s determination, we conclude that he likely acted within his authority in federalizing the National Guard." This ruling runs counter to an earlier ruling, issued a week earlier, by US District Judge Charles Breyer, which granted a temporary restraining order against the use of the military.

As the New York Times explains, the appellate judges declined to rule that the president's use of the National Guard should go without judicial review, which was something the administration's attorneys were seeking. The judges wrote that Supreme Court precdent "does not compel us to accept the federal government’s position that the president could federalize the National Guard based on no evidence whatsoever, and that courts would be unable to review a decision that was obviously absurd or made in bad faith."

Nevertheless, Trump immediately crowed on Truth Social, "BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done. This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans."

Governor Gavin Newsom responded to the ruling in a 9:21 pm tweet Thursday, saying, "Donald Trump is not a king and not above the law. Tonight, the court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court."

The question of the reach of a president's power when it comes to federalizing National Guard troops will face further scrutiny in a hearing Friday back in Breyer's district court, and the hearing will also address the president's use of 700 Marines in Los Angeles.

The state has invoked the Posse Comitatus Act, an 1878 law that makes it illegal for the US military to engage in domestic law enforcement unless explicitly authorized by Congress. The state is asking the court to limit the use of members of the military only to guarding federal property, and to prevent them from accompanying ICE agents in conducting raids or making arrests.

And it seems likely that Breyer will again rule in the state's favor, and we'll see this appeal process play out again, possibly with different results.

Two of the judges who unanimously ruled in Trump's favor, Mark J. Bennett and Eric D. Miller, were Trump appointees, and the third, Jennifer Sung, was a Biden appointee.

It remains unknown if the state will seek review by a larger panel at the Ninth Circuit, or escalate things to the Supreme Court, or just drop the initial restraining order in favor of a more lasting outcome.

There is irony in the fact that Trump failed to call in the National Guard when January 6th protesters were threatening to lynch his vice president and physically damaging federal property, but it was the acts of protesters against federal agents, and the damage to federal buildings in LA that the Ninth Circuit ruled was justification in the use of Guard troops.

"The undisputed facts demonstrate that before the deployment of the National Guard, protesters 'pinned down' several federal officers and threw 'concrete chunks, bottles of liquid, and other objects' at the officers. Protesters also damaged federal buildings and caused the closure of at least one federal building. And a federal van was attacked by protesters who smashed in the van's windows," the judges wrote. "The federal government's interest in preventing incidents like these is significant."

Previously: Ninth Circuit Judges Appear Inclined to Support Trump's Use of the National Guard In LA

Top image: Protesters confront law enforcement outside of a federal building and Immigration and Customs Enforcement (ICE) detention center on June 13, 2025, in Los Angeles, California. Demonstrations continue after a series of immigration raids began last Friday, June 6th. Tensions in the city remain high after the Trump administration called in the National Guard and the Marines against the wishes of city leaders. (Photo by Spencer Platt/Getty Images)