"We will come back, perhaps in a much different and stronger form, when crime begins to soar again — Only a question of time," wrote President Trump on his chosen social media network, essentially admitting defeat in the battle over federalizing the National Guard.

The US Court of Appeals for the Ninth Circuit ruled Wednesday that the remaining 300 National Guard troops under the president's control in Los Angeles must be returned to the control of the governor of California. The appeals court upheld a ruling made earlier this month by US District Judge Charles Breyer directing the Trump administration to withdraw its ongoing deployment of troops, declaring it illegal.

"The Founders designed our government to be a system of checks and balances," Judge Breyer wrote in his ruling. "[This administration], however, make[s] clear that the only check they want is a blank one."

As the New York Times reports, the Ninth Circuit issued its ruling in a defeat for the Trump administration, six months after Trump declared victory via the same court, in a conditional ruling regarding this same deployment of troops.

At one point in July, Trump had federalized 4,000 National Guard members and 700 Marines in defiance of Governor Gavin Newsom, ostensibly to protect federal property and agents, but also as a clear act of political theater and show of force in the face of protests against aggressive ICE actions taken against immigrants in LA.

Trump and other administration officials characterized the situation in LA as far more chaotic, and larger, than it was in reality. However the Ninth Circuit ruled in June that Trump was within his rights to deploy the guard, writing that they were "affording appropriate deference to the president’s determination" that the troops were needed.

That earlier ruling, however, was not made on the merits of the need for federal troops in LA, or Trump's rights to deploy them indefinitely. That ruling would not be made until Breyer ruled on a follow-up complaint from the state of California earlier this month.

In a statement today, Newsom said, "I’m glad President Trump has finally admitted defeat: We’ve said all along the federalization of the National Guard in California is illegal. We welcome our California National Guard service members back to state service."

The Ninth Circuit's ruling comes after the Supreme Court ruled last week, preliminarily, that Trump's National Guard deployment in Chicago was similarly, likely, illegal. The ruling, which cited the 1878 Posse Comitatus Act, had implications for the administration's deployments in Portland, LA, and elsewhere.

The unsigned ruling was 6-3, with the ultra-conservative bloc of Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissenting, writing that "the protection of federal officers from potentially lethal attacks should not be thwarted."

Previously: Ninth Circuit Sides With Trump Over National Guard, But Battle Continues In District Court Friday

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