In a resounding legal victory for former President Donald Trump, the U.S. Court of Appeals for the Ninth Circuit unanimously overturned a lower court decision and reaffirmed his authority to deploy the National Guard to Los Angeles in response to anti-ICE protests. The ruling dealt a stinging blow to California Governor Gavin Newsom, whose efforts to block the federalization of the California National Guard have now officially failed again.
The appellate court’s Thursday decision reversed a June 12 ruling by U.S. District Judge Charles Breyer, a Clinton appointee, who had claimed Trump’s activation of the Guard was unconstitutional and exceeded his statutory power.
But the three-judge panel saw it differently. “It is likely that the president lawfully exercised his statutory authority under § 12406(3),” the court wrote, referring to the section of U.S. code that permits the president to federalize state National Guard units when “regular forces” are insufficient to enforce federal law.
How It Began: National Guard Called Amid Riots
The controversy dates back to June 7, when President Trump ordered the National Guard into Los Angeles after a series of violent demonstrations targeting Immigration and Customs Enforcement (ICE) turned destructive. He cited the unrest as “a form of rebellion against the authority of the Government of the United States.”
The unrest included attacks on ICE vehicles, Molotov cocktails thrown at property, and attempts to breach a federal parking garage using rolling dumpsters as battering rams. One particularly disturbing incident involved federal officers being “pinned down” by rioters hurling concrete chunks and bottles.
Newsom Pushes Back—and Loses
Unimpressed by Trump’s rationale, Governor Newsom moved swiftly to wrest control of the Guard back into state hands. He argued Trump had overstepped constitutional limits and demanded, “You must relinquish your authority of the National Guard back to me and back to California.”
The federal district court initially sided with Newsom, prompting the governor to crow during a press conference that the president was “weak.” But the celebration was short-lived.
The Trump administration filed an emergency appeal, and the Ninth Circuit stayed Breyer’s ruling—temporarily restoring Trump’s command. This week’s unanimous panel decision cemented that reversal, handing Newsom yet another loss in his ongoing legal saga with Trump.
Court Dismisses State’s Procedural Complaints
Newsom’s legal team contended that Trump hadn’t properly transmitted the federalization order “through” the governor, as required by statute. But the Ninth Circuit rejected that claim, noting that even if procedural formalities were bypassed, the president’s “otherwise lawful authority” remained intact. In short: Newsom had no legal power to veto the order.
The court added that while state officials may have feared the Guard’s presence could “inflame” tensions, such concerns were “too speculative” to override the federal interest in protecting property and personnel.
Trump Declares Victory
“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard!” Trump posted on Truth Social shortly after the ruling was made public.
He didn’t hold back in his criticism of Newsom, adding, “The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin.”
Trump framed the decision as a broader endorsement of federal strength, asserting, “If our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done.”
He closed with a nod to the court itself: “Congratulations to the Ninth Circuit, America is proud of you tonight!”
Newsom Vows to Keep Fighting
Governor Newsom, undeterred, said he would continue challenging what he characterized as Trump’s “authoritarian use of U.S. military soldiers against citizens.”
He had stated earlier in the week, “I’m confident in the rule of law. I’m confident in the Constitution of the United States. I’m confident in the reasoned decision issued last week by a very well-respected federal judge. And I’m confident that common sense will prevail here.”
It did, just not in the way Newsom had hoped.
Judge Breyer, for his part, is reportedly weighing whether to issue a fresh injunction that could once again test the legal boundaries of federal power in the City of Angels.
