LA Times by Michael Wilner, Laura J. Nelson and Queenie Wong 6/12/2025
• In a late-night ruling, the U.S. 9th Circuit Court of Appeals paused a court order that would have required President Trump to return control of thousands of California National Guard troops in Los Angeles to Gov. Gavin Newsom
• A three-judge panel scheduled a hearing Tuesday, meaning the National Guard will remain under federal control through the weekend
In a late-night order Thursday, the U.S. 9th Circuit Court of Appeals paused a court order that would have required President Trump to return control of the thousands of California National Guard troops in Los Angeles to Gov. Gavin Newsom.
The 9th Circuit’s emergency stay came hours after U.S. District Judge Charles Breyer of San Francisco ruled that Trump broke the law when he mobilized thousands of Guard members amid protests over immigration raids, and must return the troops to state control by noon Friday.
A three-judge panel on the 9th Circuit, including two judges appointed by Trump and one by President Biden, scheduled a Tuesday hearing in the case, meaning the National Guard will remain federalized through the weekend.
In a 36-page U.S. District court decision, Breyer wrote that Trump’s actions “were illegal — both exceeding the scope of his statutory authority and violating the 10th Amendment to the United States Constitution.” Breyer added that he was “troubled by the implication” inherent in the Trump administration’s argument that “protest against the federal government, a core civil liberty protected by the First Amendment, can justify a finding of rebellion.”
Newsom, who filed the lawsuit along with the state of California, called the ruling “a win for all Americans.”
“Today was really about the test of democracy, and today we passed the test,” Newsom told reporters in a building that houses the California Supreme Court in San Francisco.
More:
https://www.latimes.com/politics/story/2025-06-12/federal-court-california-challenge-trump-marines-national-guard-deployment
