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Ninth Circuit Allows Trump To Keep Control Of National Guard In

Leo Migdal
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ninth circuit allows trump to keep control of national guard in

FILE – President Donald Trump and first lady Melania Trump listen to California Gov. Gavin Newsom after arriving on Air Force One at Los Angeles International Airport in Los Angeles, Jan. 24, 2025. (AP Photo/Mark Schiefelbein, File). While rejecting the DOJ's argument that a president can call up militia and never be second-guessed by the courts, the 9th U.S. Circuit Court of Appeals on Thursday nonetheless granted the Trump administration an emergency stay pending appeal, concluding it was "likely" at this stage that President Donald Trump "lawfully" deployed California's National Guard to "protect...

In the per curiam decision, U.S. Circuit Judges Mark Bennett and Eric Miller, both Trump appointees, and Jennifer Sung, a Joe Biden appointee, sided against Gov. Gavin Newsom, a Democrat, and disagreed with U.S. District Judge Charles Breyer's analysis that the state was likely to succeed on claims the president exceeded his statutory authority and violated the 10th Amendment. Writing that the Trump administration made a "strong showing that they are likely to succeed on the merits of their appeal," the 9th Circuit stayed Breyer's temporary restraining order on an emergency basis. "Notably, Plaintiffs conceded that National Guard members, if validly federalized, may be deployed to protect federal personnel and property," the court said.

"The district court determined that Plaintiffs presented no evidence at the TRO hearing that National Guard members were engaged in any other activities, and Plaintiffs do not contest that determination." A federal appeals court panel late Thursday allowed President Trump to keep the National Guard deployed in Los Angeles, for now. The three-judge 9th U.S. Circuit Court of Appeals panel unanimously extended its pause of a judge’s order finding Trump’s deployment illegal and forcing him to return control of the troops to California Gov. Gavin Newsom (D). “We emphasize, however, that our decision addresses only the facts before us.

And although we hold that the President likely has authority to federalize the National Guard, nothing in our decision addresses the nature of the activities in which the federalized National Guard may engage,” the... The panel said it disagreed with the administration that Trump’s decision isn’t reviewable by the courts, but the judges acknowledged they must be “highly deferential.” “Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority,” the opinion reads. The Daily Journal search functionality is currently unavailable. We will have this back up as soon as possible. The decision reversed a temporary restraining order issued June 12 by Senior U.S.

District Judge Charles R. Breyer of San Francisco. In a major victory for President Donald Trump, a 9th U.S. Circuit Court of Appeals panel granted a stay of a San Francisco district judge's temporary restraining order and allowed him to keep control of the California National Guard to assist U.S. Immigration and Customs Enforcement agents with immigration enforcement in Los Angeles. The Thursday night ruling maintains the status quo but sets a significant precedent - at least for now.

Newsom v. Trump et al., 25-3727 (9th Circ., filed June 12, 2025). The judges denied the U.S. Department of Justice's argument that Trump's decision to federalize the guard is not subject to judicial review but ruled in the president's favor that he has expansive power to take such actions even if... Gavin Newsom. LOS ANGELES (AP) — An appeals court on Thursday allowed President Donald Trump to keep control of National Guard troops he deployed to Los Angeles following protests over immigration raids.

The decision halts a ruling from a lower court judge who found Trump acted illegally when he activated the soldiers over opposition from California Gov. Gavin Newsom. The deployment was the first by a president of a state National Guard without the governor’s permission since 1965. READ MORE: Appeals court temporarily blocks judge’s ruling to return control of National Guard to California In its decision, a three-judge panel on the 9th U.S. Circuit Court of Appeals unanimously concluded it was likely Trump lawfully exercised his authority in federalizing control of the guard.

A federal judge ruled to block the Trump administration from activating the National Guard in LA, saying the president exceeded his authority. The U.S. military troops activated in Los Angeles will continue to stay in Los Angeles, a federal appeals court ruled late Thursday, pausing a previous order that came out a couple of hours prior to side... Stream Los Angeles News for free, 24/7, wherever you are. The 9th Circuit Court of Appeals Thursday night halted the lower court's decision, which had temporarily blocked Trump administration's activation of the U.S. National Guard while ordering President Trump to return the control over the National Guard to Governor Gavin Newsom.

"The request for an administrative stay is GRANTED. The district court’s June 12, 2025 temporary restraining order is temporarily stayed pending further order," the Court of Appeals said. We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website. A federal judge had previously handed the state National Guard back to California Governor Gavin Newsom, but an appeals court said the temporary restraining order went too far. (CN) — A Ninth Circuit panel said late Thursday that President Donald Trump can continue “federalizing” the California National Guard while California Governor Gavin Newsom’s lawsuit challenging if the president had the power to...

The panel — consisting of U.S. Circuit Judge Mark J. Bennett and U.S. Circuit Judge Eric D. Miller, both Trump appointees, and U.S. Circuit Judge Jennifer Sung, a Joe Biden appointee — had blocked a lower court’s temporary restraining order on June 12, which had given control of the troops back to Newsom.

This Thursday’s order extends the emergency pause the president requested and blocks the restraining order. In their unanimous, per curiam opinion, the panel noted that it disagreed with the federal government’s argument that Trump’s deployment decision was “unreviewable” but still determined that Trump was within his authority to send... An administration lawyer said Trump has "unreviewable" powers. The legal battle over the Trump administration's deployment of the National Guard in California continued in a federal appeals court on Tuesday, where a panel of judges indicated they might have only limited power... The Ninth Circuit Court of Appeals presided over a remote hearing regarding California's challenge to President Donald Trump's federalization of the state's National Guard troops amid protests over immigration enforcement in the Los Angeles... The hourlong hearing took place before a three-judge appeals court panel -- made up of two judges nominated by Trump and one nominated by former President Joe Biden.

Brett Shumate, representing the federal government, said the appeals court should grant the Trump administration's request for a stay of a lower court's order, which would have blocked Trump's continued deployment of the troops... Gavin Newsom, who did not consent to the guard's activation. The Ninth Circuit has granted a stay on the TRO blocking Trump’s National Guard deployment to Los Angeles. Read the full court ruling and explore our expert breakdown with annotated highlights. In a major escalation of the legal battle between California and the federal government, the Ninth Circuit Court of Appeals has granted a stay on the temporary restraining order that had blocked President Trump’s... The ruling, issued on June 19th, 2025, allows the deployment to continue while the case proceeds—and gives the President sweeping deference under a rarely tested statute, 10 U.S.C.

§ 12406. This article includes a full downloadable copy of the court’s published ruling—plus an annotated breakdown that explains what the court actually said, what it didn’t, and why it matters more than the headlines suggest. We’ve obtained the complete 38-page decision issued by the United States Court of Appeals for the Ninth Circuit on June 19, 2025, in the case of Newsom v. Trump. Continue reading for our breakdown of the ruling’s most important sections, including the statute the court relied on, the level of deference granted to the President, and what this means for California’s challenge going...

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FILE – President Donald Trump and first lady Melania Trump listen to California Gov. Gavin Newsom after arriving on Air Force One at Los Angeles International Airport in Los Angeles, Jan. 24, 2025. (AP Photo/Mark Schiefelbein, File). While rejecting the DOJ's argument that a president can call up militia and never be second-guessed by the courts, the 9th U.S. Circuit Court of Appeals on Thursday n...

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"The district court determined that Plaintiffs presented no evidence at the TRO hearing that National Guard members were engaged in any other activities, and Plaintiffs do not contest that determination." A federal appeals court panel late Thursday allowed President Trump to keep the National Guard deployed in Los Angeles, for now. The three-judge 9th U.S. Circuit Court of Appeals panel unanimousl...

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District Judge Charles R. Breyer of San Francisco. In a major victory for President Donald Trump, a 9th U.S. Circuit Court of Appeals panel granted a stay of a San Francisco district judge's temporary restraining order and allowed him to keep control of the California National Guard to assist U.S. Immigration and Customs Enforcement agents with immigration enforcement in Los Angeles. The Thursday ...