DOJ, California clash at 9th Circuit over National Guard
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The inset features, from left to right: U.S. Circuit Judges Mark Bennett, Eric Miller, and Jennifer Sung (YouTube/9th Circuit). The backdrop shows President Donald Trump speaking at an event where he signed a bill to overturn California’s regulation prohibiting the sale of new gas-powered vehicles by 2035. This event took place in the East Room of the White House on Thursday, June 12, 2025, in Washington (AP Photo/Alex Brandon).

In a session held on Tuesday at the 9th Circuit U.S. Court of Appeals, the Department of Justice requested an urgent injunction from a panel of three judges to halt a lower court’s decision. They advocated for the Trump administration’s ongoing deployment of the California National Guard in Los Angeles. The argument presented suggested that a president’s decision to federalize militia operations should not be subject to court scrutiny, even if forces from every state, including Washington, D.C., were mobilized at once.

The hearing was overseen by U.S. Circuit Judges Mark Bennett and Eric Miller, both of whom were appointed by President Donald Trump, alongside Jennifer Sung, who was appointed by President Joe Biden. The proceedings commenced at noon Pacific Time.

At the start, DOJ Assistant Attorney General Brett Shumate took the position that U.S. District Judge Charles Breyer’s currently administratively stayed order, which found a constitutional violation, “interferes with the president’s commander-in-chief powers based on an erroneous interpretation of the applicable statute,” namely 10 U.S. Code § 12406.

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