A US appeals court has granted President Trump’s request to maintain control over the California National Guard while litigation continues.
The US Court of Appeals for the Ninth Circuit issued the administrative stay just hours after Clinton appointed U.S. District Judge Charles Breyer judge ruled that President Trump must “return control” of the Guardsmen to the state of California.
That’s been overturned.
Leftist judges think they can order the Commander-in-Chief to relinquish control of the military.
Newscum following appeals court ruling in Trump’s favor— issuing a temporary HALT on lower court ruling that Trump return control of National Guard to Newsom.
A federal judge in San Francisco on Thursday ordered the Trump administration to “return control” of the California National Guard to Gov. Gavin Newsom after the president issued an extraordinary order deploying them to Los Angeles over the weekend. U.S. District Judge Charles Breyer, presiding over the case, granted California’s request for a temporary restraining order, granting the federal government a stay until Friday to appeal the ruling…. The case was brought by California against the Trump administration earlier this week after a historic weekend in L.A. County. The state contends that Trump exceeded his authority in an “unprecedented power grab” by federalizing the Guard without the consent of Gov. Gavin Newsom, and by deploying Marines on American soil (Los Angeles Times).
The response last night from the federal appeals court: A federal appeals court late Thursday blocked a lower court judge’s order instructing President Donald Trump to return control of 4,000 California National Guard troops that he had federalized to Gov. Gavin Newsom. The 9th Circuit … scheduled a hearing for Tuesday. A three-judge panel of the appellate court will consider arguments then on whether to extend a stay of Breyer’s order, or allow his ruling to take effect (CNBC).
Mike Davis on the San Francisco Judge: Clinton Judge Charles Breyer, Clinton Justice Stephen Breyer’s 83-year-old younger brother, denied Democrat California Governor Gavin Newsom’s absurd request to order the President to turn back his military operation to save Los Angeles from foreign invaders’ burning and looting (Davis).
Hi @GavinNewsom, why did you just unpin this post?
Before and after: https://t.co/Jq8u9jSr5w pic.twitter.com/k7tavoR9MC
— Libs of TikTok (@libsoftiktok) June 13, 2025
Appeals court temporarily blocks federal judge’s order directing Trump to ‘return control’ of National Guard to California
By Josh Christenson, NY Post, June 13, 2025:
WASHINGTON — An appeals court panel on Thursday allowed the Trump administration to keep thousands of National Guard troops deployed in Los Angeles to quell anti-ICE riots.
The US Court of Appeals for the Ninth Circuit issued the administrative stay just hours after a federal judge ruled that President Trump must “return control” of the Guardsmen to the state of California.
The Trump administration’s emergency appeal to the 9th Circuit was filed almost immediately after senior San Francisco US District Judge Charles Breyer allowed Democratic California Gov. Gavin Newsom to retake control of the roughly 4,000 National Guard members dispatched to LA at 3:00 p.m. ET on Friday.
The 9th Circuit’s stay allows President Trump’s activation of the California National Guard to remain in effect through at least Tuesday, when the panel will hold a hearing on the matter.
The appeals court panel is made up of two Trump-appointed judges and one appointed by former President Joe Biden.
Breyer’s order came down after hearing arguments from attorneys for both Trump’s Justice Department and Newsom after the Democrat had sued the feds over the dispatching of Guard members to protect officers carrying out immigration enforcement operations.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not,” Breyer wrote in his order.
“His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
“That’s the difference between a constitutional government and King George.”
Breyer’s order was stayed through Friday at 3 p.m., allowing the Trump administration time to file an appeal with the 9th Circuit.
“I’m gratified by the order. By [Breyer’s] decision. Today was really about a test of democracy and today we passed the test – we the people passed the test,” Newsom said during a press conference after the ruling.
“Clearly there’s no invasion. There’s no rebellion. It’s absurd,” the governor continued. “And so we’re gratified. Today is a big day for the Constitution.”
Newsom declared: “Donald Trump better abide by these orders or we have a constitutional crisis the likes of which we haven’t seen in our lifetime.”
Continued…..
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Author: Pamela Geller
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