A federal appeals court ruled Friday that President Donald Trump exceeded his legal authority when he federalized California’s National Guard last year, and refused the administration’s request to simply withdraw its own appeal rather than face a ruling.
The 9th U.S. Circuit Court of Appeals, in a divided three-judge panel decision, upheld a lower court injunction against Trump’s June 2025 order sending 4,000 California National Guard troops into federal service during protests over immigration enforcement in Los Angeles. The panel found the move violated both federal statute and the Constitution’s separation of powers.
The case began after protests broke out in Los Angeles following federal immigration enforcement operations. Some demonstrators threw objects at officers, damaged property and clashed with police. Trump responded by federalizing the Guard to protect federal personnel and property. California Gov. Gavin Newsom challenged the order, and U.S. District Judge Charles Breyer directed the administration to return control of the troops to the state. The 9th Circuit initially paused Breyer’s order while the appeal proceeded.
That changed after the Supreme Court ruled on a similar dispute over the Illinois National Guard, laying out limits on when a president may federalize state troops. Applying that guidance, the 9th Circuit panel reached a different conclusion than it had earlier.
Two legal theories rejected
Judges Jennifer Sung, an appointee of President Biden, and Eric Miller, an appointee of Trump, formed the majority. They examined two statutory provisions the administration cited to justify the deployment.
The first allows federalization when the president cannot execute federal law using the country’s
