25 Jun 2025

Appeals Court Indefinitely Blocks CA Governor Newsom from Reclaiming Control of National Guard

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A panel of three judges from the 9th Circuit Court of Appeals unanimously ruled that Donald Trump acted within his authority when he nationalized California National Guard troops and deployed them to Los Angeles.

This ruling came even though such a use of the National Guard has never before been done without the consent of the relevant state’s governor.

However, the panel specified that such an action is reviewable by the courts. Trump asserted it was not reviewable.

The ruling made it clear that actions by some of the protesters in Los Angeles provided Trump with a way to justify his activation, federalization and use of the troops:

Plaintiffs [California] also urge that the public interest is in their favor because the continued presence of National Guard members in Los Angeles risks worsening, not improving, tensions on the ground and the federalization of the National Guard impairs the Guards ability to perform critical functions for the State, including support for fighting forest fires and combatting drug trafficking. These concerns are counterbalanced by the undisputed fact that federal property has been damaged and federal employees have been injured, and the evidence presented in the TRO hearing showed that the federalized National Guard members were engaged only in protecting federal personnel and property.
The ruling was only about the temporary restraining order issued by federal District Court Judge Charles Breyer, which would have returned control of the federalized troops to California Governor Gavin Newsom. The case that spawned the TRO remains in district court where Judge Breyer continues to examine into the merits of the case.