In a significant legal ruling, Donald Trump has been granted continued control over the California National Guard, challenging Governor Gavin Newsom’s authority. This decision raises critical questions about federal power and state governance amidst ongoing civil unrest.
Trump Maintains Control Over California National Guard Amid Legal Challenges
In a recent ruling, three federal appeals court judges determined that Donald Trump can retain command of the California National Guard, overriding Governor Gavin Newsom for the time being. However, a preliminary injunction hearing is scheduled for Friday morning in San Francisco, where the lower court judge previously returned control to the Governor earlier this month, suggesting that Trump’s authority may be temporary.
Judicial Interpretation and Federal Authority
The unanimous decision from the two Trump-appointed judges and one Biden-appointed judge of the 9th Circuit Court of Appeals centered on a complex statutory interpretation. They concluded that the President had the legal right to federalize the California National Guard on June 7, in response to civil unrest and ICE raids in Los Angeles. The judges stated, “Under a highly deferential standard of review, Defendants have presented facts to allow us to conclude that the President had a colorable basis for invoking § 12406(3).” This ruling was made following arguments from both parties on June 17.
Implications of the Ruling
The judges emphasized that the Defendants demonstrated a strong likelihood of success on the merits of their appeal. They noted, “We disagree with Defendants’ primary argument that the President’s decision to federalize members of the California National Guard under 10 U.S.C. § 12406 is completely insulated from judicial review.” They granted a stay pending appeal, citing factors such as irreparable harm to Defendants and public interest.
Trump’s Department of Justice indicated that if the court ruled against the administration, they would escalate the matter to the Supreme Court.
Political Tensions and Future Proceedings
In the weeks leading up to this ruling, Trump and Newsom have exchanged sharp criticisms through the media and social platforms. Neither party commented on the appeals court ruling when approached by Deadline.
Lawyers for both sides will reconvene before Judge Charles Breyer for the preliminary injunction, which could restore Newsom’s command over the Guard. Judge Breyer had previously issued a temporary restraining order on June 12, which was later halted by the Appeals Court.
Concerns Over Federal Control
Governor Newsom has repeatedly warned that Trump’s unprecedented control over the California National Guard could set a dangerous precedent, potentially allowing similar actions in other states amid civil unrest.
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Despite ongoing protests in downtown LA, ICE raids have persisted during the Juneteenth holiday. The judges referenced the Federalist Papers in their decision, stating, “we are not writing on a blank slate,” which contributed to their ruling against Newsom’s temporary restraining order.
Following significant protests on June 14, federal buildings in downtown LA remain heavily guarded by approximately 4,000 National Guard troops, alongside 700 U.S. Marines deployed by Secretary Hegseth, who are not part of this litigation.
As the legal battle continues, Trump has threatened to withhold disaster aid to California, retaliating against Newsom’s challenge to his authority. In response, Newsom has criticized Trump for diverting essential resources from the state as wildfire season approaches.
"You pulled National Guard from my command — who were literally doing this work — to stand around in front of a building in LA. Does the President of the United States not understand what his troops do? Is he confused again? Deeply disturbing." - Gavin NewsomTed Johnson contributed to this report.
