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Fact check: Can state governors refuse federal requests to deploy their National Guard units?

Checked on June 9, 2025

1. Summary of the results

Yes, state governors can refuse federal requests to deploy their National Guard units, but the situation is nuanced. Under Title 32 authority, governors maintain command and control of their troops and can decline federal deployment requests [1]. This was demonstrated in practice when four governors declined the Trump administration's request for troops in 2020 [2], and when Governor Gavin Newsom refused a federal deployment request [3].

2. Missing context/alternative viewpoints

Several crucial pieces of context are missing from the original question:

  • There's an important distinction between different types of federal authority:
  • Under Title 32, governors retain full control and can refuse requests [1]
  • Under Title 10 (full federalization), governors' ability to resist is limited according to the Supreme Court case Perpich v. Department of Defense [4]
  • There are ongoing legislative attempts to change this power dynamic:
  • Legislative Proposal 480 (LP480) is attempting to circumvent governors' existing consent requirements [5]
  • Historical precedent shows that presidential attempts to federalize Guard troops against governors' wishes are "exceedingly rare" in U.S. history [3]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal and political issue. Several stakeholders have vested interests in how this authority is interpreted:

  • Federal Government: Benefits from broader interpretation of federal authority and initiatives like LP480 that would reduce governors' control [5]
  • State Governments: Benefit from maintaining strong state control over National Guard units, as demonstrated by multiple governors exercising their refusal rights [2] [3]
  • Military Command Structure: The current system creates a dual-authority structure that can lead to conflicts between state and federal priorities [4]

The question's simplicity might lead people to overlook the crucial distinction between Title 32 and Title 10 authorities, which significantly affects governors' actual powers in different situations.

Want to dive deeper?
What is the legal difference between federalized and state-controlled National Guard units?
Can the President federalize National Guard units without governor consent?
What happened when governors refused federal National Guard deployment requests historically?
How does the Insurrection Act affect governor control over National Guard?
What are the constitutional limits on federal versus state control of National Guard?