The US Court of Appeals for the Ninth Circuit recently intervened in a legal dispute over the control of the California National Guard, blocking a lower court’s decision to return the force to state control under Governor Gavin Newsom. The temporary stay issued by the appellate court reverses a previous ruling by US District Judge Charles Breyer, which had ordered the California National Guard to be removed from federal control. A hearing to discuss the stay is scheduled for the following Tuesday, as outlined in the appeals court’s documentation.
This judicial intervention follows President Donald Trump’s decision to federalize the California National Guard under 10 U.S.C. § 12406 (2023), which allows for such action to suppress a foreign invasion, rebellion, or if existing forces are deemed insufficient to execute US laws. Assistant Attorney General Brett Shumate, representing the administration and the Department of Defense, contended that federal law fully justified the president’s actions, arguing that Judge Breyer lacked the authority to question the president’s determinations on the statute’s stipulations. For more details, refer to the arguments presented.
President Trump’s administration justified the decision by citing alleged violence and disorder in Los Angeles, claiming these incidents necessitated federal intervention to protect federal officers tasked with enforcing immigration laws. On the contrary, Governor Newsom challenged the federalization in a lawsuit, describing it as an unjustifiable escalation towards authoritarianism that impedes the state’s lawful exercise of its police powers, was detailed in his statements about the issue which can be found here.
Judge Breyer, in his ruling, emphasized the federal takeover as “unlawful,” pointing out that it obstructed California’s ability to address local issues such as fire control and the fight against the fentanyl epidemic, while also raising the potential for heightened tensions and violence in communities. His order underscored the resultant harm to the state’s governance capacities due to the military’s federalization.
The hearing scheduled next week aims to further scrutinize the legal merits of the president’s actions and the implications of the national guard’s federal status amidst ongoing tensions between federal and state authorities.