the staff of the Ridgewood blog
LOS ANGELES, CA — September 2025 A federal judge in San Francisco ruled that the Trump administration acted illegally when it deployed 4,000 National Guard troops and 700 Marines to Los Angeles during June protests against immigration enforcement raids. The decision, however, is already being challenged by the Justice Department and is widely expected to be overturned on appeal.
President Donald Trump invoked his authority under 10 U.S. Code §12406 on June 7, 2025, placing 2,000 California National Guard troops under federal service to protect federal property and assist during unrest. It was the first formal invocation of this specific provision, though similar actions have been taken by presidents from both parties for decades.
Judge’s Ruling vs. Executive Authority
The judge argued that the deployment violated the Posse Comitatus Act, which limits the use of federal troops for domestic law enforcement except in rare cases such as insurrection. However, legal experts note that the Constitution itself grants the President broad powers to call up the militia to “execute the laws of the Union, suppress insurrections, and repel invasions” (Article I, Section 8, Clause 15).
The Justice Department maintains that the deployment was necessary to ensure public safety and protect federal immigration agents during the protests. Currently, about 300 National Guard troops remain in Los Angeles with duties limited to guarding federal facilities.
Nothing Unprecedented About National Guard Deployments
Despite the court’s ruling, the historical record shows that presidents have repeatedly mobilized the National Guard under federal authority. Since World War II, at least ten major deployments have taken place.
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1963 — President John F. Kennedy federalized 17,000 Alabama National Guard troops to enforce desegregation in Birmingham and Tuscaloosa after Governor George Wallace attempted to block Black students from enrolling in schools.
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1957 — President Dwight D. Eisenhower deployed federal troops and the Arkansas National Guard to enforce school desegregation in Little Rock.
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1992 — President George H.W. Bush sent federalized National Guard units to Los Angeles during riots following the Rodney King verdict.
In all these cases, courts ultimately affirmed the President’s authority to act.
Why the Ruling Will Likely Be Overturned
Legal precedent strongly favors the executive branch when it comes to deploying National Guard units under federal authority. Past challenges have routinely failed, given that maintaining public order, protecting federal property, and enforcing federal law fall squarely under presidential powers.
Trump himself noted that deployments to Washington, D.C., earlier this year were not challenged in court. He also confirmed plans to send additional troops to Chicago and Baltimore to address rising crime, demonstrating his administration’s confidence in its legal footing.
Conclusion
The latest court ruling may have made headlines, but history suggests it will not stand for long. From Eisenhower to Kennedy to Bush, presidents have repeatedly relied on the National Guard in times of unrest — and courts have upheld those decisions. Far from unusual, Trump’s use of the Guard in Los Angeles follows a long line of presidential actions rooted in the Constitution.
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