Democratic Gov. Gavin Newsom immediately tried to spin a major setback in his lawsuit against the Trump administration Thursday night as a victory for himself.
A federal appeals court let President Donald Trump maintain control of the California National Guard in a Thursday night decision.
Newsom responded to the ruling Thursday night on X by promising to “press forward” with the challenge, saying Trump “is not a king and not above the law.”
“Tonight, the court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” he wrote. “We will not let this authoritarian use of military soldiers against citizens go unchecked.”
Judge Charles B. Breyer, a Clinton appointee, previously ordered Trump to turn over control to Democratic Gov. Gavin Newsom, who sued after Trump sent the National Guard to Los Angeles in response to riots that broke out over Immigration and Customs Enforcement (ICE) enforcement.
This fight doesn’t end here. pic.twitter.com/6OZJdLcJK0
— Gavin Newsom (@GavinNewsom) June 20, 2025
Giving the president “deference,” the Ninth Circuit Court of Appeals held that “it is likely that the President lawfully exercised his statutory authority” in sending in the National Guard.
“And even if there were a procedural violation, that would not justify the scope of relief provided by the district court’s TRO,” the court held. “Our conclusion that it is likely that the President’s order federalizing members of the California National Guard was authorized under § 12406(3) also resolves the Tenth Amendment claim because the parties agree that the Tenth Amendment claim turns on the statutory claim.”
However, the court noted that it disagrees with the claim that the President’s decision is “completely insulated from judicial review.”
The three-judge panel included Judge Mark J. Bennett, a Trump appointee; Eric D. Miller, a Trump appointee; and Jennifer Sung, a Biden appointee.
The ruling was a victory for the “President’s core power to call in the National Guard,” Trump wrote Thursday on Truth Social.
“The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done,” he said. “This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!”
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