A federal appeals court panel has sided with the Trump administration in its ongoing legal battle with California Governor Newsom over control of the California National Guard. The unanimous decision by a three-judge panel, comprised of two Trump appointees and one Biden appointee, temporarily halts a lower court’s order that sought to return control of the Guard to the state. This ruling maintains federal control while the litigation proceeds.
The appellate court rejected the administration’s claim that the President’s decision to federalize the National Guard units is entirely unreviewable by the courts. However, the panel emphasized the significant deference owed to the President’s authority as Commander in Chief. Citing a legal provision allowing presidential federalization of the National Guard when regular forces are insufficient to enforce federal laws, the court found that Trump likely acted within his legal authority.
This decision follows a temporary restraining order issued by U.S. District Judge Charles Breyer, brother of retired Supreme Court Justice Stephen Breyer. Judge Breyer’s order deemed Trump’s actions unlawful and mandated the return of the Guard to Governor Newsom’s control. The administration swiftly appealed, resulting in the 9th Circuit’s initial administrative stay and the subsequent hearing that led to Thursday’s ruling. A hearing is scheduled for Friday to determine whether a longer-term preliminary injunction should be issued, potentially providing further clarity on the case’s future.
California officials have strongly condemned Trump’s unprecedented action, marking the first time in U.S. history that a president has federalized a state’s National Guard units against the governor’s wishes. The administration argued that the stay was necessary to prevent what it termed ‘unprecedented judicial interference’ with a military order from the Commander in Chief. California may choose to appeal the ruling further to a larger appellate panel or even the Supreme Court.
The 38-page per curiam opinion from the 9th Circuit represents a significant victory for the Trump administration in this high-stakes legal battle. The outcome will undoubtedly have major implications for the balance of power between the federal government and individual states in matters of National Guard deployment.
