Ninth Circuit Lets Trump Keep Command of California National Guard
A three-judge panel of the 9th U.S. Circuit Court of Appeals late Thursday unanimously stayed a lower-court order that would have returned control of the California National Guard to Governor Gavin Newsom, allowing President Donald Trump to remain in command of roughly 4,000 Guard members and 700 active-duty Marines deployed in Los Angeles amid protests over federal immigration raids.
Writing per curiam, the panel—two judges appointed by Trump and one by President Joe Biden—said the administration had made a “strong showing” that the president likely acted within his statutory authority under 10 U.S.C. §12406, which permits federalization when regular forces are deemed insufficient to enforce federal law. The court cited evidence that protesters threw concrete, fireworks and Molotov cocktails at federal officers and damaged buildings, and rejected the district court’s view that such authority triggers only in cases of outright rebellion.
The ruling freezes a June 12 decision by U.S. District Judge Charles Breyer, who had found the deployment illegal. Breyer is scheduled to consider a more detailed injunction on Friday, while California may seek either en-banc review or emergency relief from the U.S. Supreme Court. Newsom said “the President is not a king” and vowed to press the case; Trump hailed the outcome as a “BIG WIN.”
The dispute, the first since 1965 in which a president has federalized a state’s National Guard over a governor’s objections, could define the limits of White House authority to use military forces on U.S. soil. The litigation continues under the caption Newsom v. Trump, No. 25-3727, with broader implications for other potential domestic deployments tied to immigration enforcement and civil unrest.