Federal appeals court keeps California National Guard in Trump's hands
Share and Follow

A federal appeals court has ruled President Donald Trump “likely acted within his authority” in federalizing the California National Guard amid protests over immigration raids earlier this month — indefinitely blocking a lower court order that would have returned control of the guard to the governor.

The three-judge panel disagreed with the Trump administration that president’s decision was completely unreviewable by the courts, but concluded the president likely acted lawfully by invoking a section of the U.S. Code on Armed Services that authorizes federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States.”

The judges said Trump had a basis for federalizing the guard, citing acts of violence during the protests.

“The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers,” the judges wrote in the order. “Protesters also damaged federal buildings and caused the closure of at least one federal building … The federal government’s interest in preventing incidents like these is significant.”

The judges said the law invoked by Trump does not require the president to obtain a governor’s consent and concluded “Governor (Gavin) Newsom had no power to veto or countermand the President’s order.”

The appeals court order puts on hold an order by a lower court judge, U.S. District Judge Charles Breyer, who called Trump’s action calling up the guard “illegal” and ordered control of the guard turned over to Newsom. The Trump administration immediately appealed that ruling and will continue to retain control of the guard as the case makes it way through the courts.

Copyright © 2025 ABC News Internet Ventures.

Share and Follow
You May Also Like
Dedniel Nunez needs Tommy John surgery in latest Mets bullpen injury blow

Latest Mets Bullpen Injury: Dedniel Nunez Requires Tommy John Surgery

KANSAS CITY, Mo. – A high-end bullpen piece for the Mets won’t…

Bryan Kohberger believed he committed ‘the perfect murders’ until one key mistake shattered his plot: author

NEWYou can now listen to Fox News articles! Bryan Kohberger, a painfully…
Max Fried exits early with blister in Yankees concern before All-Star break

Max Fried leaves game early due to blister, causing Yankees to worry before All-Star break

Max Fried had to cut his All-Star first half short on Saturday…
Trump faces revolt on his social media platform over Jeffrey Epstein

Trump’s Social Media Platform Sees User Backlash Over Jeffrey Epstein Issue

President Donald Trump encountered criticism from his own MAGA supporters regarding a…
Rosie O'Donnell hits back after Trump threatens to revoke citizenship

Rosie O’Donnell Responds Strongly to Trump’s Citizenship Threat

Rosie O’Donnell launched a fierce attack on Donald Trump on Saturday through…
US sanctions UN official over political 'warfare' against Israel

US imposes sanctions on UN official for engaging in political actions against Israel

President Trump’s administration is sanctioning Francesca Albanese, the United Nations special rapporteur…
Trump's border czar challenges heckler to a fight during unhinged rant

Trump’s Border Czar Confronts Heckler in Heated Exchange

Trump’s Border Czar Tom Homan had some strong words for a heckler…
Majority of Americans disapprove of Trump immigration policies: Poll

Poll Reveals Most Americans Disapprove of Trump’s Immigration Policies

() Americans’ views on immigration have shifted in a positive direction, reversing…