Ninth Circuit Court Stays Governor Newsom’s Challenge to Trump’s Federalization of National Guard
Federal Appeals Court Intervenes Amid Ongoing Legal Dispute
In a significant development regarding the ongoing tensions between California’s state leadership and the federal government, a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit issued a stay on a lower court’s temporary restraining order (TRO) against President Trump’s decision to federalize the National Guard in response to the unrest in Los Angeles. This ruling came despite the federal holiday observed on Monday.
Context of the Legal Battle
California Governor Gavin Newsom filed a lawsuit against President Trump, contesting the deployment of the National Guard under federal authority. At the heart of the matter is California’s assertion that the President’s orders should have been issued through the state’s governor as outlined in 10 U.S.C. § 12406. However, the recent ruling indicates that the panel believes procedural requirements were likely met when the federalization order was issued by the Adjutant General, an official who acts under the authority of the Governor.
Court’s Decision on the Stay
The Ninth Circuit’s decision to stay the district court’s TRO suggests that if the order is revoked before the appeal is fully resolved, the case might ultimately be dismissed as moot. The panel expressed confidence that the defendants likely complied with the necessary procedural requirements, as the Adjutant General is responsible for executing orders in the governor’s name according to state law.
"The alleged procedural violation does not justify the current injunction," the panel stated, indicating a strong likelihood that the defendants would prevail on this point.
Judicial Standard and Broader Implications
Notably, the court applied a "deferential standard of review" generally reserved for military matters, emphasizing that it does not need to agree on the necessity of federalizing the Guard but rather only that such actions must fall within an "honest judgment."
The implications of this ruling are far-reaching, as it allows President Trump’s federalization of the National Guard to proceed while the matter is under appeal. Should the federal order be reinstated, the overall legality of such actions may never be fully adjudicated.
Next Steps
As of now, there has been no indication that Governor Newsom plans to pursue a rehearing of this decision, according to the court’s records. Legal experts continue to monitor the situation closely as this case, Newsom v. Trump, unfolds in the U.S. Court of Appeals for the Ninth Circuit, No. 25-3727.
This developing story will be updated as new information becomes available.
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