In a unanimous ruling, a three-judge bench said that Trump’s “failure to issue the federalization order directly ‘through’ the Governor of California does not limit his otherwise lawful authority to call up the National Guard.”
The 38-page document said that while a president did not have unchecked power to take over a state’s guard, Trump’s administration had presented enough defensible rationale for doing so.
It added that the president was within his rights when he mobilized 4,000 members of the national guard into service for 60 days to protect “federal personnel performing federal functions” and to protect federal property.
