California Gov. Gavin Newsom and Attorney General Rob Bonta asked the U.S. District Court for the Northern District of California to block President Trump from federalizing and deploying troops of the California National Guard in Los Angeles.
On September 9, citing concerns regarding its jurisdiction, the District Court stayed proceedings related to California’s motion for a preliminary injunction to block the Trump Administration’s August order federalizing California National Guard troops through Election Day.
On October 29, the U.S. Court of Appeals for the Ninth Circuit ruled that the District Court has jurisdiction.
The court document seeks a preliminary injunction blocking any deployment of California National Guard troops in the Los Angeles area and returning these troops to the Governor's command.
“The Trump Administration believes it can keep California’s National Guard federalized and deployed wherever, forever, and for any purpose — no further justification necessary,” said Attorney General Bonta. “That is just not true, and we’re asking the court to issue a ruling that says as much without delay. The Ninth Circuit’s recent order made clear that this remains a live issue, and we are confident that when we make our case, we will prevail.”
2025-10-31 [207] Mtn to Lift Stay and Supp PI by scott.mcclallen
In the past month, the Trump Administration has federalized and deployed National Guard troops to two additional states — Oregon and Illinois.
The motion argues that 10 U.S.C. § 12406 does not authorize the federalization and military occupation of American cities.
“President Trump turned the National Guard against the communities they swore to serve. This is unlawful and immoral,” said Governor Newsom.“Under state direction, California National Guard members have always been deployed in support of our communities – acting as surge medical staff in crises, helping with wildfire management, supporting fentanyl interdiction, and now, as the President withholds food stamps from hungry families, the Guard is distributing food to those in need. The National Guard deserves better than being treated like Trump’s toy soldiers – and when they’re returned to California command, we’ll get them back to doing the real work they signed up to do.”
In June, Bonta Newsom filed a lawsuit challenging the Trump Administration’s unlawful orders to federalize the California National Guard and utilize National Guard troops for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act.
That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.
The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court’s order is temporarily paused while the Ninth Circuit considers the federal government’s motion for a stay.
Earlier this month, Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration’s deployment of federalized California National Guard troops to Portland, Oregon.