California News:
The San Francisco-based United States Court of Appeals for the Ninth Circuit issued a stay on a U.S. District Court order on Friday, allowing President Donald Trump to keep the California National Guard in Los Angeles for the time being, with the next hearing on the matter scheduled for Tuesday.
The court battle over President Trump activating 4,000 California National Guard troops to help quell the anti-ICE riots in Los Angeles, began on Monday when Governor Gavin Newsom, along with Attorney General Rob Bonta, announced on Monday that they were suing the Trump administration over President Trump activating the National Guard without Newsom’s approval. As part of the filing, they also included a request for an emergency restraining order to stop troops from being active in Los Angeles as the case was to be decided.
“In the early hours of Sunday morning, the U.S. Department of Defense, at the direction of the President, redirected hundreds of National Guard troops from San Diego to Los Angeles, without authorization from the Governor and against the wishes of local law enforcement,” read the lawsuit notice. “In total, the Department intends to deploy 2,000 troops from across the state, an inflammatory escalation unsupported by conditions on the ground. In a lawsuit being filed today, Attorney General Bonta and Governor Newsom will ask the court to hold unlawful and set aside the President’s order federalizing the National Guard by way of a rarely used law, arguing that such action exceeds the federal government’s authority under the law and violates the Tenth Amendment.”
Newsom also added in the emergency request that it was needed to “prevent the use of federalized National Guard and active duty Marines for law enforcement purposes on the streets of a civilian city” and to “avoid irreparable harm to our communities and the rule of law that is likely to result from troops enforcing immigration laws.”
To the surprise of state officials, District Court Judge Charles Breyer denied the emergency restraining order request. However, only a day later, Breyer ruled that Trump did not issue his activation order through Newsom, with the riots not meeting the legal reasons for a President to use a state’s National Guard. Breyer’s ruling was set to free up the National Guard from federal control on Friday.
“The protests in Los Angeles fall far short of ‘rebellion,’” explained Breyer. “His actions were illegal—both exceeding the scope of his statutory authority and violating the tenth amendment to the United States Constitution. Individuals’ right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone. The idea that protesters can so quickly cross the line between protected conduct and ‘rebellion against the authority of the Government of the United States’ is untenable and dangerous.”
“He’s not a monarch. He’s not a king,” gloated Governor Newsom after the ruling came down on Thursday. “The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets.”
A new stay
The Trump administration swiftly filed an appeal, and, only hours before the order was to officially call back troops, they ruled in the Trump administrations favor temporarily, with a stay being granted in Newsom v. Trump before it is heard in court.
“That sort of second-guessing of the Commander in Chief’s military judgments is a gross violation of the separation of powers,” said the Justice Department in their motion. “Nearly 200 years ago, the Supreme Court made clear that these judgment calls are for the President to make—not a Governor, and certainly not a federal court.”
“The court has received the government’s emergency motion for stay pending appeal,” said the three judge appeals panel. “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 ruling led to a dejected an terse response from Attorney General Bonta.
“An administrative stay is unnecessary and unwarranted in light of the district court’s extensive reasoning— in particular, its findings of irreparable harm to the State in the absence of injunctive relief. There are also serious questions regarding the appellate jurisdiction of this Court,” explained Bonta’s office. “The Trump Administration far overreached its authority with its unprecedented deployment of federalized California National Guard troops into our communities.”
While Bonta was dejected by the stay, Trump took to social media to thank the appellate court.
“The Appeals Court ruled last night that I can use the National Guard to keep our cities, in this case Los Angeles, safe. If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now. We saved L.A. Thank you for the Decision!!!” wrote Trump on Truth Social.
The appellate level decision is now to be reviewed this coming Tuesday by a three judge panel consisting of wo Trump-nominated judges, Mark Bennett and Eric Miller, and Biden-appointed Judge Jennifer Sung. While Newsom and Bonta haven’t said what would happen in the case of a favorable ruling for Trump, the Trump administration has said that they would bring the matter to the U.S. Supreme Court if California wins again at the Appellate level.
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Author: Evan Symon
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