The Ninth Circuit Court of Appeals Halts Restraining Order on National Guard Deployment
In a notable turn of events on Thursday evening, the Ninth Circuit Court of Appeals issued an indefinite stay on a federal judge’s restraining order, thereby permitting President Trump to maintain the deployment of the California National Guard. This ruling came from a panel consisting of judges Mark Bennet and Eric Miller, both appointed by Trump, and Jennifer Sung, who was appointed by Biden.
This legal saga began last week when a federal judge in San Francisco mandated that President Trump relinquish control of the National Guard back to the state of California. This was prompted by the recent activation of approximately 700 U.S. Marines to address the escalating violence during the Los Angeles riots, which saw Trump deploy 4,000 National Guard troops in an effort to restore order.
Governor Gavin Newsom, California’s far-left leader, responded by suing President Trump, alleging a violation of the Tenth Amendment of the Constitution. U.S. District Judge Charles Breyer, a Clinton appointee and brother of retired Supreme Court Justice Stephen Breyer, initially sided with Newsom, granting a Temporary Restraining Order (TRO). He characterized Trump’s federalization of the National Guard as illegal, stating that the President had overstepped his statutory authority.
In a pointed 36-page order, Judge Breyer asserted, “At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Following this ruling, the Trump Administration quickly appealed to the Ninth Circuit. The court responded promptly, granting a temporary administrative stay while reviewing the Department of Justice’s motion for a more permanent stay. On Thursday, the Ninth Circuit unanimously decided to uphold the administrative stay, effectively blocking Judge Breyer’s restraining order indefinitely.
The judges articulated their reasoning in the ruling, stating, “We now grant the stay. Defendants have made the required strong showing that they are likely to succeed on the merits of their appeal. 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. Nonetheless, we are persuaded that, under longstanding precedent interpreting the statutory predecessor to § 12406, our review of that decision must be highly deferential.” They concluded that it appeared likely that Trump had acted within his legal authority when federalizing the National Guard.
The next steps for Governor Newsom are uncertain, especially given that one of the judges on the panel was a Biden appointee who ruled against him. Following the Ninth Circuit’s decision, President Trump took to Truth Social to celebrate the ruling, declaring it a “BIG WIN” that reaffirmed his power to deploy the National Guard, and accusing Newsom of incompetence in managing state affairs. Trump emphasized that this decision was not just about California, but a broader commitment to ensuring safety across the nation in times of unrest.
In his post, he stated, “This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!”
