An appeals court is deciding if you can legally protest Trump without the Marines arresting you

A federal appeals court is currently reviewing whether President Trump can keep control over California’s National Guard and active-duty Marines in Los Angeles. Last week, a federal judge named Charles Breyer ruled that President Trump’s decision to take control of the National Guard was illegal. The judge temporarily ordered that command of these troops be given back to Governor Newsom.

The Trump administration quickly appealed Judge Breyer’s decision. In response, a panel of three judges from the U.S. Court of Appeals for the Ninth Circuit temporarily paused the lower court’s ruling, allowing federal control of the National Guard to continue while the appeal is reviewed, per NY Times. This panel includes two judges appointed by President Trump and one appointed by former President Joseph R. Biden Jr.

The administration argues that the president alone has the authority to decide whether the conditions in the law, “rebellion or danger of a rebellion,” have been met. As reported by Reuters, the administration also thinks that courts should not question the president’s judgment. They also claim that the Secretary of Defense followed the rules because the general leading the National Guard represents the governor.

The US is waiting to find out whether first amendment protests will be illegal

Judge Breyer stated that the situation in Los Angeles did not qualify as a “rebellion” under the law, pointing out that immigration agents were still able to do their jobs and detain undocumented immigrants despite the protests.

The conflict began earlier this month when Immigration and Customs Enforcement (ICE) carried out workplace raids in Los Angeles as part of the Trump administration’s stricter immigration policies. These raids led to large protests, with critics, including Democratic leaders and activists, saying that ICE was unfairly targeting workplaces in Southern California and sweeping through mostly Latino neighborhoods instead of focusing on people with serious criminal records.

In response to the protests, President Trump used an uncommon federal law to put the California National Guard under federal control, claiming it was necessary to protect immigration agents and buildings from protesters. Governor Newsom quickly pushed back, arguing that the military presence was unnecessary and that local and state police could handle any trouble at the mostly peaceful protests. While some protests did include property damage, thrown objects, and fires, most demonstrators remained peaceful.

The court found that ICE was still enforcing federal immigration laws, even if they weren’t arresting as many people as the administration wanted. Additionally, the judge ruled that the Trump administration did not follow the proper steps required by the law. The statute says that mobilization orders must go “through” the governors, but the Secretary of Defense skipped Governor Newsom by sending the order straight to the general in charge of California’s National Guard.

Judge Breyer warned that labeling protests against the government as a “rebellion” would violate a key right protected by the First Amendment. Beyond the National Guard, President Trump and the Secretary of Defense have also sent about 700 active-duty Marines to assist with immigration enforcement. California’s legal challenge raises concerns about using military forces for civilian law enforcement.

The state asked Judge Breyer to limit the Marines to guarding federal buildings and stop them from joining ICE agents on raids. They cited an old law that usually bans the military from doing police work unless the Insurrection Act is used.