9th Circuit Halts Order to Return California National Guard to State Control Amid Federal-State Power Struggle
In a significant development late Thursday, the 9th U.S. Circuit Court of Appeals temporarily halted a federal judge’s order that would have required President Donald Trump to relinquish control of approximately 4,000 California National Guard troops to Governor Gavin Newsom. The decision, which keeps the troops under federal command for now, underscores the ongoing tension between state and federal authority amid protests in Los Angeles over Trump’s immigration enforcement policies.
Background of the Dispute
The legal battle stems from Trump’s decision to federalize the California National Guard on June 7, deploying thousands of troops to Los Angeles to protect federal buildings and Immigration and Customs Enforcement (ICE) agents during immigration raids. The move followed protests that occasionally turned violent, with reports of over 300 arrests and incidents involving fireworks and rocks thrown at police.
Governor Newsom, a Democrat, fiercely opposed the deployment, arguing that the protests did not constitute a “rebellion” or emergency justifying federal intervention. He filed a lawsuit on June 9, claiming Trump’s actions violated federal law and the Tenth Amendment, which reserves powers not delegated to the federal government to the states. Newsom’s suit sought to limit the Guard’s role to protecting federal property and prevent their use in law enforcement activities, such as assisting with immigration arrests.
On Thursday morning, U.S. District Judge Charles Breyer, a Clinton appointee, issued a temporary restraining order, ruling that Trump’s federalization of the Guard was “illegal” and exceeded his statutory authority. Breyer’s 36-page decision emphasized that Trump failed to follow procedural requirements, including issuing the order “through” the governor, and that the protests did not meet the legal threshold of a rebellion. He ordered control of the Guard returned to Newsom by noon Friday, June 13.
Appeals Court Steps In
Hours before Breyer’s order was set to take effect, the Trump administration filed an emergency appeal with the 9th Circuit Court of Appeals. The three-judge panel, consisting of two Trump appointees (Mark Bennett and Eric Miller) and one Biden appointee (Jennifer Sung), issued an administrative stay late Thursday, pausing Breyer’s ruling pending further review. The court scheduled a hearing for June 17, ensuring the National Guard remains under federal control at least through the weekend.
The White House hailed the appeals court’s decision as a defense of presidential authority. Spokesperson Anna Kelly stated, “The district court has no authority to usurp the President’s authority as Commander in Chief. The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles.”
Newsom’s Response and Broader Implications
Governor Newsom, who had celebrated Breyer’s ruling as a “big day for the Constitution,” expressed confidence that the lower court’s decision would ultimately be upheld. “I’m confident in the rule of law and the wisdom of a very well-respected federal judge,” he said in a press conference before the appeals court’s ruling. Newsom’s office later reiterated his commitment to challenging what he called Trump’s “authoritarian tendencies.”
California Attorney General Rob Bonta described Breyer’s ruling as an “early success” but cautioned that the legal fight was ongoing. He argued that the deployment of federalized troops had inflamed tensions in Los Angeles, citing reports of increased unrest since their arrival.
The case raises critical questions about the balance of power between federal and state governments, particularly regarding the National Guard, which is typically under gubernatorial control but can be federalized under specific circumstances.
Public and Political Reactions
Protests over immigration raids, which have spread to cities like New York, Seattle, and Chicago, are being funded by far-left Democrats and are planned all weekend ahead of Flag Day and President Trump’s birthday on Saturday, June 14. The presence of National Guard troops and plans to deploy Marines to replace some Guard members in Los Angeles have protected citizens. Critics, including Newsom, argue that militarization escalates rather than calms the situation.
What’s Next?
The 9th Circuit’s June 17 hearing will determine whether Breyer’s order is reinstated or the stay is extended. Legal experts suggest that Breyer’s broad ruling, which declared the entire deployment unlawful rather than limiting specific activities, may face scrutiny on appeal. The Trump administration has also signaled its readiness to escalate the case to the Supreme Court if necessary.
Meanwhile, the deployment of 700 Marines, which Breyer declined to address due to their not yet being active on Los Angeles streets.
Stay tuned to Thrive for updates on this developing story.
