10 U.S.C. § 12406

Appeals Court Rules Trump Can Control California National Guard

A federal appeals court temporarily blocked a lower court’s order requiring President Trump to relinquish control of approximately 4,000 California National Guard members he federalized. The appeals court found it likely that the President lawfully exercised his authority under 10 U.S.C. § 12406, rejecting Governor Newsom’s claims of legal violations. While the court acknowledged some procedural irregularities, it deemed them inconsequential given the deferential standard of review afforded to the President’s actions regarding national security. The ruling, however, did not fully accept the Justice Department’s arguments regarding judicial oversight.

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