Federal Appeals Court Blocks Newsom’s Bid to Regain National Guard Control

Why it matters

The Ninth Circuit Court of Appeals has indefinitely blocked a lower court’s order that would have returned command of the California National Guard to Governor Gavin Newsom. The decision marks a major legal win for President Donald Trump and his claim of federal authority over the Guard in the wake of violent protests.

Driving the news

In a unanimous ruling, a three-judge panel—composed of two Trump-appointed judges and one appointed by President Biden—stayed U.S. District Judge Charles Breyer’s earlier order, pending further litigation.

The panel cited the federal government’s compelling interest in maintaining order during a period of violent civil unrest. Their ruling emphasized that:

“The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers… A federal van was attacked… The federal government’s interest in preventing incidents like these is significant.”

Read the full court order here.

What they’re saying

Donald Trump (via Truth Social)

Read Trump’s post on Truth Social.

Governor Gavin Newsom

Governor Newsom acknowledged the setback but emphasized that the court had not accepted Trump’s broader claim of unchecked presidential authority:

Read Newsom’s full statement.

California State Officials

Attorney General Rob Bonta joined Newsom in criticizing the decision and reaffirming their intent to continue fighting what they consider unconstitutional federal overreach.

What’s next

The Ninth Circuit’s decision is not a final ruling on the merits but signals that Trump’s emergency authority claim will receive close judicial scrutiny. Further arguments and rulings are expected in the coming months as the case continues.

The bottom line

While the decision affirms Trump’s authority to retain temporary control of the National Guard, it also suggests the judiciary is not ready to give the President unreviewable power over domestic military deployments. The constitutional showdown is far from over.