BREAKING: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday night allowed President Donald Trump's order activating the National Guard to remain in effect during California's challenge to that order.

The panel held that Trump's action activating the Guard was likely lawful under a "highly deferential" standard of review.

The unsigned, per curiam order was unanimous from the panel, which included Judges Mark J. Bennett and Eric D. Miller, both Trump appointees, and Judge Jennifer Sung, a Biden appointee.

The panel ruled that Trump was likely authorized to activate the National Guard under the third prong of 10 U.S.C. § 12406, which allows for the activation when “the President is unable with the regular forces to execute the laws of the United States.” (The “likely” language reflects the preliminary posture of the case, where “likelihood of success” is the standard.)

The panel noted that the decision — granting a stay of U.S. District Judge Charles Breyer’s temporary restraining order pending appeal — only related to the activation of the Guard, not any particular use of the Guard, as that issue was not before the appeals court at this time.

That panel previously issued an administrative stay of the district court’s order while it considered the request for a stay pending appeal.

Breyer is set, meanwhile, to hold a hearing Friday, June 20, over whether to issue a preliminary injunction in the case. Breyer’s treatment of the case will be significantly affected by Thursday’s Ninth Circuit order, although it does not resolve everything in front of him.