Trump Secures Major Legal Win in Battle to Federalize National Guard Troops

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President Donald Trump achieved a significant legal victory this week in his ongoing battle over authority to federalize the California National Guard — a decision that could reverberate across liberal strongholds nationwide.

The 9th Circuit Court of Appeals, based in California and long regarded as one of the most liberal judicial bodies in the United States, declined on Wednesday to revisit an earlier ruling by one of its own panels that sided with Trump over California Governor Gavin Newsom.

The decision effectively upholds Trump’s authority in the dispute, marking a major setback for Newsom and his administration. Among Trump’s supporters, the ruling was met with celebration, viewed as a validation of the former president’s push to assert federal control over state National Guard units in times of national need.

As Newsweek reported, the 9th Circuit Court of Appeals on Monday declined a request from one of its own judges to have the full court review a case decided in June. That case arose when a three-judge panel stayed a restraining order issued against the Trump administration.

The restraining order had been issued by District Judge Charles Breyer, a Clinton appointee, who ruled that President Trump acted unconstitutionally by seizing control of the California National Guard to respond to disturbances tied to Immigration and Customs Enforcement raids in Los Angeles. The three-judge panel — comprising two Trump appointees and a Biden appointee — unanimously concluded that Breyer had overstepped and that the Trump administration was likely to prevail in the ongoing dispute over control of the Guard.

By refusing to rehear the case en banc, despite several dissenting opinions, the full circuit left the panel’s ruling intact. According to Newsweek, the decision “sets a precedent that could expand executive power over state-controlled troops during domestic unrest.”

The legal conflict erupted in June amid growing violence linked to ICE operations in Los Angeles. In response to attacks on federal agents, Trump issued a memorandum invoking federal law to deploy California National Guard units, stating their mission was to “protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations.”

Governor Gavin Newsom challenged the move in court, but unless he appeals to the Supreme Court, that challenge now appears effectively dead. Newsweek noted that Newsom’s office has not indicated whether it intends to seek Supreme Court review.

The victory for Trump is particularly striking given the 9th Circuit’s long-standing reputation as one of the nation’s most liberal appellate courts. It follows closely on the heels of another 9th Circuit panel decision, where a 2-1 vote lifted a stay that had blocked Trump from federalizing the National Guard in Oregon amid violence tied to radical leftist activity — what Trump has described as “war-ravaged” conditions.

The Associated Press reported Tuesday that the panel determined the president was likely to succeed on his claim that he had the authority to federalize the troops, citing his assessment that he could not enforce federal law without them. Legal analysts note that this apparent momentum could influence other disputes where Trump faces resistance to using the National Guard, including potential conflicts with Illinois Governor J.B. Pritzker. Ultimately, experts say, the question is likely to be definitively resolved only by the Supreme Court.

Meanwhile, Trump supporters on social media were jubilant, celebrating what they see as a clear win for executive authority and federal oversight of state-controlled forces.

“President Trump is making America safe again,” one user wrote on the social media platform X. “Promises made, promises kept.”

“This is a significant legal setback for Governor @CAgovernor and a clear win for President Trump’s immigration agenda,” another user noted.

“This means Guard units can now roll into sanctuary cities like LA and SF to back federal efforts,” another user wrote. “The Dems are losing new voters by the bushel!”

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