Legal experts note that federal law allows the president to federalize National Guard troops, and the Supreme Court has repeatedly upheld this authority without requiring gubernatorial consent. Title 10 of the U.S. Code provides the framework, allowing orders to be routed through governors administratively rather than requiring their approval.
Historically, presidents have exercised this power during domestic crises. For example, President Lyndon B. Johnson federalized the Alabama National Guard to protect civil rights protesters, demonstrating long-standing precedent for such action.
Critics also challenged Pelosi’s claim that she had urged Trump to deploy the Guard before the January 6 Capitol riot. Records show that then-Capitol Police Chief Steven Sund was restricted from using the DC Guard, casting doubt on her recollection.
As the appeals process continues, the debate over the limits of presidential authority versus state control remains in the spotlight. The court’s upcoming hearing will determine whether the deployment in Los Angeles continues under federal command or reverts to state oversight, keeping the city and political observers closely watching.
