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Appeals Court Hands Gavin Newsom a Massive Loss With National Guard Ruling

Matt Vespa
Matt Vespa  |  June 19, 2025 10:45 PM

California Gov. Gavin Newsom just got a brutal lesson: the president of the United States is the commander-in-chief, not the governor of California. Second, he doesn’t need your permission to federalize your state’s National Guard units. It’s insane that a district court even entertained this wacky notion. 

President Trump federalized California National Guard units to be deployed in Los Angeles to quell the unrest from leftists upset over raids executed by Immigration and Customs Enforcement. The US Marines were also deployed. Newsom tried to block this move via emergency motion, which was denied. Then, Judge Charles Breyer decided to grant this motion, which the Ninth Circuit Court of Appeals later stayed. And even these judges were disturbed by how Breyer tried to usurp the powers of the executive in these matters, which are clearly defined. Another hearing was held on Breyer’s order, which is now indefinitely blocked; Newsom won’t get control of the Guard anytime soon. 

Politico reported a couple of days ago that the appeals court was leaning toward handing Trump a legal win: 

A federal appeals court appears poised to permit President Donald Trump’s deployment of National Guard troops in Los Angeles to continue uninterrupted despite the protests of California Gov. Gavin Newsom. 

During an hourlong argument session Tuesday, a three-judge panel sharply questioned Newsom’s argument that Trump had failed to sufficiently justify his decision to send 4,000 National Guard troops to protect federal buildings and support immigration authorities as they conduct arrests and enforcement operations. 

Instead, the judges appeared to lean on centuries-old principles — backed at times by the Supreme Court — giving the president vast discretion to deploy the military to suppress civil unrest.

The 9th Circuit Court of Appeals panel featured Trump appointees Eric Miller and Mark Bennett, as well as Biden appointee Jennifer Sung. All appeared openly skeptical of California’s position that courts can second-guess Trump’s determination that immigration protests in Los Angeles had amounted to a potential “rebellion” against the government. 

A ruling in Trump’s favor would be a blow to Newsom’s legal push to regain control of his state’s National Guard troops, which he claims have been illegally commandeered and diverted from critical missions like fire prevention and drug interdiction. Newsom may choose to appeal a loss to a larger panel of the 9th Circuit or to the Supreme Court. 

Sit down, Gavin. Let Trump take it from here.