9TH CIR.Court order
Ninth Circuit rules Trump lacked authority to federalize California National Guard in Los Angeles
A split Ninth Circuit panel on October 23, 2026, affirmed a preliminary injunction against President Trump's June 2025 federalization of the California National Guard in Los Angeles. Judge Jennifer Sung, joined by Judge Eric Miller, held that the deployment exceeded the president's statutory authority and rejected claims of a rebellion, relying on the Supreme Court's Trump v. Illinois ruling. Judge Mark Bennett dissented.
Order (Courthouse News Service) → · Bloomberg Law, Law360
Key points
- The majority said the federalization exceeded the president's statutory authority and encroached on Congress's calling-forth power.Bloomberg LawLaw360
- Sung wrote that treating conditions in Los Angeles on June 7, 2025, as a rebellion did not reflect a colorable assessment.Courthouse News Service
- The court cited trial findings of no organized violence, only sporadic or impromptu acts by some protesters.Courthouse News ServiceBloomberg Law
- Bennett said the panel should not have reached the merits after the administration sought to drop its appeal.Courthouse News ServiceBloomberg Law
- The ruling has little immediate effect because federalized troops were withdrawn in December 2025, but it sets circuit precedent.Bloomberg Law
- The case is Newsom v. Trump, No. 25-3727, appealed from Senior U.S. District Judge Charles Breyer's injunction.Courthouse News ServiceBloomberg Law