In a surprising turn of events, California Governor Gavin Newsom’s regained control of the California National Guard was abruptly interrupted by a ruling from a federal appeals court. The court granted an administrative stay, stating, “The request for an administrative stay is GRANTED,” following unsuccessful efforts by the White House and the Department of Justice (DOJ) to maintain control over the troop deployment, which was perceived as unnecessary.
The 9th Circuit Court of Appeals, comprised of a three-judge panel with two Trump appointees and one Biden appointee, indicated that the district court’s temporary restraining order issued on June 12 is now temporarily stayed pending further review. This judicial action delays the transition of command of the National Guard, which was federalized by Trump on June 7, back to Governor Newsom, scheduled for noon on June 13.
This ruling grants Trump additional time to intensify immigration enforcement operations in Los Angeles, where approximately 4,000 National Guard troops, supplemented by 700 Marines, are currently deployed. A significant area of Downtown Los Angeles, encompassing federal buildings and other key locations, has been under a curfew for several days, with no end in sight. Each night, the Los Angeles Police Department (LAPD) has arrested numerous protesters and individuals lingering in the area.
Before the appeals court's decision took effect, Governor Newsom had expressed a sense of victory, asserting that the day represented a crucial test of democracy. “Today was really about a test of democracy, and today we passed the test,” he stated during a press conference, emphasizing his opposition to Trump’s claims that Los Angeles would descend into chaos without federal support. Newsom criticized Trump’s behavior, stating, “He creates a problem — and then he tries to be a hero in his own Marvel movie. I would call it pathetic if it wasn’t so dangerous.”
Earlier in the day, a federal judge had ordered Trump to “return control of the California National Guard to the Governor of the State of California forthwith.” Judge Charles Breyer ruled in favor of Newsom’s request for a temporary restraining order against Trump’s federalization of the National Guard, which was initially enacted in response to protests against ICE raids targeting undocumented immigrants.
In his ruling, Judge Breyer noted, “At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions,” concluding that he did not. The judge characterized Trump's actions as illegal, stating they exceeded his statutory authority and violated the Tenth Amendment of the U.S. Constitution. He emphasized that the protests in Los Angeles, while passionate, did not constitute rebellion.
Governor Newsom and California’s Attorney General filed a lawsuit on June 9, arguing that Trump overstepped his authority by deploying the National Guard without consulting the state first. Newsom sought a halt to what he described as the “ongoing and unnecessary militarization of Los Angeles.” The situation escalated when the DOJ attempted to delay the deadline set by the governor, leading to a contentious court hearing.
Judge Breyer expressed concerns about the implications of the federal government’s actions on legitimate First Amendment rights, stating, “Defendants’ actions also threaten to chill legitimate First Amendment expression.” The judge’s order mandated that the military not be deployed in Los Angeles and that control be returned to Governor Newsom.
The 9th Circuit Court has scheduled a Zoom hearing for June 17 to discuss the matter further. In response to the court’s ruling, Newsom took to social media to emphasize the importance of the decision. He stated, “The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets. This win is not just for California, but the nation.”
Newsom's remarks reflect a broader concern regarding the militarization of urban areas and the implications for civil liberties. As tensions continue to rise, the political landscape remains charged, with both Trump and Newsom poised to leverage the ongoing situation for their respective agendas.
