In a high-stakes legal skirmish pitting executive power against state authority, a U.S. appeals court has temporarily backed Donald Trump’s control of California’s National Guard, dealing a blow to Governor Gavin Newsom’s efforts to wrest it back amid political uproar and legal uncertainty.
The 9th U.S. Circuit Court of Appeals, sitting in San Francisco, put the brakes on an earlier ruling that found Trump had overstepped when he federalized the Guard to respond to protests in Los Angeles earlier this month. That move, sparked by chaos in the streets over immigration raids, saw thousands of troops—both National Guard and Marines—sent in against the California governor’s wishes.
The court’s message? Trump likely acted within his legal powers, even if his coordination with Newsom was less than collaborative. The panel underscored that the president doesn’t need a governor’s permission to take such action and pointed to evidence that the federal criteria—namely, the inability of normal forces to enforce the law—had probably been satisfied.
Their ruling leaves one critical point unresolved: even if Trump had the authority to federalize the Guard, what exactly can those troops do on domestic soil? That’s a question Newsom is preparing to fight in court, citing federal laws that bar military involvement in civilian law enforcement.
In a post on X, Newsom made his stance clear: “The president is not a king.” He vowed to continue pressing his case.
Trump, on the other hand, celebrated the court’s decision with characteristic flair on Truth Social: “This is a great decision for our country… If our cities and our people need protection, we are the ones to give it to them.”
Back on June 12, District Judge Charles Breyer had sided with California, ruling that Trump’s use of the Guard didn’t meet the conditions required by federal law—conditions like rebellion or active insurrection. Breyer ordered control returned to the state. That directive was paused almost immediately.
Since then, legal arguments have swirled around whether the judiciary even has the authority to second-guess a president’s emergency military decisions. Trump’s Justice Department insisted it doesn’t. The appeals court disagreed.
Meanwhile, protests in Los Angeles have simmered down, but the political temperature has not. The deployment of 4,000 Guard members and 700 Marines remains a flashpoint in the ongoing constitutional standoff between a president asserting sweeping emergency powers and a state determined to guard its autonomy.
The court hinted that Newsom could still raise further legal objections—particularly around the Marines’ presence—at a hearing scheduled before Judge Breyer. So while Trump may have the reins for now, the final outcome of this power struggle is still very much in play.
