9th Circuit Smackdown for Gov. Gavin Newsom

A three Judge panel of the U.S. Court of Appeals for the 9th Circuit issued an unanimous order is a stunning victory for President Donald J. Trump who deployment 4,000 National Guard troops to Los Angeles, to protect federal buildings, as well as immigration agents during the recent Los Angeles riots.

9th Circuit Judges Mark Bennett, Eric Miller, and Jennifer Sung ruled that President Trump “likely had the legal right to federalize the Guard under a law allowing it when federal forces can’t enforce U.S. laws. “The Constitution assigns the power to “call forth the Militia” to Congress, and Congress has delegated portions of that power to the President. U.S. CONST. art. I, § 8, cl. 15. As discussed, under the facts before us, we disagree that Defendants have clearly exceeded the scope of their statutory authority, so they are acting in accordance with the constitutional federal – state balance.” the judges said.

“California Governor Gavin Newsom is having a national temper tantrum because he didn’t have the foresight or leadership skills to activate the National Guard immediately when the violent Los Angeles riots broke out Friday, ostensibly as a response to ICE arrests off criminal illegal aliens,” the Globe reported.

“Instead, Gov. Newsom defied President’s authorization of the Guard, claiming that local law enforcement didn’t need the support. But videos show a very different truth:

Then Gov. Newsom announced he would sue the Trump administration over the federalization of the California National Guard, and demanded an emergency restraining order in a court filing. This was initially rebuffed by United States District Court Judge Charles Breyer, who then ruled in Governor’s Newsom’s favor.

That was almost immediately overturned by a Trump administration appeal to the Appellate court, which granted a stay at the eleventh hour.

The 9th Circuit decision explains that the President’s order federalizing members of the California National Guard was authorized.

“The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers. Protesters also damaged federal buildings and caused the closure of at least one federal building. And a federal van was attacked by protesters who smashed in the van’s windows,” the court wrote. “The federal government’s interest in preventing incidents like these is significant.”

President Trump announced the win on Truth Social:

BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, 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. This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!

This case is terribly important addressing federalism and state’s rights. It’s a necessary case at a very divisive time in American politics, with Democrat politicians openly defying the President and the U.S. Constitution.

As the Globe noted, “In 2022, Governor Gavin Newsom activated the California National Guard to accelerate COVID-19 testing… Covid testing, versus dangerous and violent riots… More than 200 guard members were deployed to 50 sites to help with clinical staffing and crowd control, the governor said in a news release.

Gov. Newsom had the state locked down for two years by that point.

California’s Governor was the first in the country to order the entire state locked, and extended out mask mandates and school and business lockdowns beyond all other states. This made little or no difference – other than to destroy two years of kids’ education and kill off as many of the state’s small businesses as possible.

Gov. Newsom authorized the National Guard to mobilize to facilitate more covid testing, but sued the President over his authorization of the Guard during the violent Los Angeles riots.

And now Gov. Newsom has lost to Trump. Again.

Late Thursday evening, Gov. Newsom’s press office announced, “Governor Newsom vows to keep fighting as federal court rejects Trump’s military overreach.”

How tedious.