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Courts & Legal Status: Ruling (2-1)

9th Circuit: Trump Overstepped in Federalizing California's National Guard, and L.A. Protests Weren't a "Rebellion"

By AFNS Research Desk · · 1 min read

California National Guard members on duty in Los Angeles, June 2025
Photo: U.S. Northern Command / Wikimedia Commons, Public domain

Background

In 2025, President Trump federalized the California National Guard in response to protests in Los Angeles, over Gov. Gavin Newsom's objection. California sued, and the order blocking the federalization was challenged on appeal.

The ruling

On October 23, 2026, a divided 9th Circuit panel upheld that order. Writing for the majority, Judge Jennifer Sung concluded the president exceeded his statutory authority and that the protests did not rise to the level of a "rebellion." Judge Miller concurred, and Judge Bennett dissented.

Why it matters

The Guard troops are no longer deployed, so the ruling's main weight is as precedent for future fights over a president using the Guard against a governor's wishes.

Sources

  1. 9th Circuit opinion, Newsom v. Trump (PDF) cdn.ca9.uscourts.gov
  2. Bloomberg Law: 9th Cir. upholds block on Trump's National Guard takeover in LA news.bloomberglaw.com

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