Source: Tenth Amendment Center
by Rob Natelson
“How extensive is the President’s power to deploy state units of the National Guard for federal law enforcement? On June 19, the United States Court of Appeals for the Ninth Circuit ruled in Newsom v. Trump that the President could deploy the Guard to protect federal property in Los Angeles. On October 4, a federal district judge ruled in Oregon v. Trump that the President could not use the Oregon National Guard for the same purpose in Portland. … Both cases support the view that there is a judicial double standard — a forgiving one for other chief executives, and a much more demanding one for President Trump. Yet if we follow the Constitution, it may well be that the outcomes (although not all the reasoning) of both cases are correct.” (10/22/25)