BREAKING: 9th Circuit Grants Emergency Stay in CA National Guard Case, Ruins Gavin Newsom's Buzz

9th Circuit Grants Emergency Stay in CA National Guard Case, Disrupting Newsom's Plans

Just hours after U.S. District Judge Charles Breyer issued a temporary restraining order against the Trump administration concerning the President’s decision to federalize 4,000 California Army National Guard soldiers, instructing that Trump must revert control of the Guard back to California, a three-judge panel of the 9th Circuit Court of Appeals halted enforcement of the order pending a hearing.

Newsom quickly unpinned his celebratory post from X.

The three-judge panel is made up of two Trump appointees (Mark Bennett and Eric Miller) and one Biden appointee (Jennifer Sung). 

As my colleague Joe Cunningham wrote, Judge Breyer found Trump’s actions violated federal law in three ways:

No Legal Justification: Trump cited a 1903 statute permitting the federalization of the National Guard only during a foreign invasion, rebellion against the U.S. government, or a presidential inability to enforce federal laws. The court determined that none of these conditions were satisfied, conducting an in-depth analysis to demonstrate that the Los Angeles protests did not constitute “rebellion” under the law’s historical interpretation.

Procedural Violations: Federal law requires federalization orders to be issued “through the governors of the States.” Trump’s administration argued they complied by typing “THROUGH: THE GOVERNOR OF CALIFORNIA” on orders never sent to Newsom. The court rejected this interpretation by saying Newsom only learned of the federalization when his adjutant general forwarded him the orders.

Constitutional Violations: The unlawful seizure violated the Tenth Amendment by preventing California from using its Guard for legitimate state purposes like fighting wildfires and combating fentanyl trafficking.

Editor’s Note: President Trump isn’t going to allow lawlessness to reign in America. We will not have a repeat of 2020’s “Summer of Love.”

You May Also Like

Massive fire rips through NYC restaurant, injuring 6 firefighters

NYC Restaurant Fire Injures 6 Firefighters During Response

A four-alarm fire ripped through a Brooklyn commercial building housing three restaurants…
Ambassador Mike Waltz lays out ‘America First’ vision for US leadership at the UN

Waltz Warns Iran Sanctions Evaders, Touts Greenland Deal

President Donald Trump is heading back to the United Nations this week,…
Video released by U.S. Southern Command shows a suspected narco-trafficking vessel erupting into a fireball during a U.S. military strike in the Caribbean.

US Military Strikes Alleged Narco-Trafficking Vessel, Killing 4

The U.S. military launched a deadly strike Saturday against a vessel in…
Cranky Dorkfest at LAX draws plane spotters, aviation fans and In-N-Out lovers

Cranky Dorkfest at LAX Unites Plane Spotters and In-N-Out Fans

Few things can bring a crowd of aviation enthusiasts to Los Angeles…
Sacramento County slaughterhouse ‘kill floor’ moves forward despite neighbor backlash

Sacramento County Kill Floor Plan Advances Despite Backlash

A Sacramento County community is pushing back against a proposed slaughterhouse —…
Police officer, woman shot near Notre Dame after football tailgates

Police Officer, Woman Shot Near Notre Dame Following Football Tailgates

A single gunshot fired during a post-tailgate confrontation near Notre Dame’s South…
Hundreds of dead chickens found abandoned in NYC U-Hauls: cops and activists

Hundreds of Dead Chickens Found in Abandoned NYC U-Hauls

Hundreds of chickens abandoned in Brooklyn were facing what animal rights activists…
Michigan city and mayor face civil rights lawsuit

Michigan City and Mayor Sued in Civil Rights Lawsuit

A federal lawsuit filed Thursday claims Dearborn used thousands of taxpayer dollars…

Chicago Weather Today: River Swim Canceled, Flood Watch Issued Ahead of Bears-Vikings

CHICAGO () — Organizers announced Sunday morning that the Chicago River Swim…
ABC7 to livestream 2026 Chicago River Swim special on Sunday, Sept. 20, supporting ALS research and youth swim education

ABC7 to Livestream 2026 Chicago River Swim Supporting ALS Research and Youth Swim Education

CHICAGO () — The 2026 Chicago River Swim was called off Sunday,…
DOJ charges 16 in illegal voting probe across multiple states

DOJ Charges 16 in Illegal Voting Investigation Spanning States

The Department of Justice has charged 16 people across several states in…
Lindsay Clancy fixation and alleged plot to poison husband emerge as accused mom claims psychosis

Alleged Killer Corie Walsh Barred From Home, Risk May Change

An Illinois judge has determined that Corie Walsh is too great a…