The U.S. Court of Appeals for the Ninth Circuit overruled a Clinton judge and delivered some bad news to California Gov. Gavin Newsom (D) that might wipe the default grin off his face.
How it started
Exercising his constitutional and statutory powers, President Donald Trump deployed the National Guard to Los Angeles on June 7, noting that the anti-Immigration and Customs Enforcement riots constituted “a form of rebellion against the authority of the Government of the United States.”
‘It is likely that the president lawfully exercised his statutory authority under § 12406(3).’
Newsom — among the many Democrats who downplayed the violence and appeared sympathetic to the rioters’ cause — asked a federal district court judge to force Trump to surrender control of the federalized California National Guard.
U.S. District Court Judge Charles Breyer, a Bill Clinton appointee, sided with Newsom, claiming on June 12 that Trump’s actions “were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment of the United States Constitution.”
Newsom subsequently told Trump, “You must relinquish your authority of the National Guard back to me and back to California,” then smugly attacked the president in a press conference where he called Trump “weak.”
The governor’s gloating was cut short when the Trump administration appealed to the Ninth Circuit Court of Appeals and secured an emergency ruling to return command of the National Guard to the president.
How it’s going
Newsom optimistically stated on Tuesday, days ahead of the appellate court’s ruling, “I’m confident in the rule of law. I’m confident in the Constitution of the United States. I’m confident in the reasoned decision issued last week by a very well-respected federal judge. And I’m confident that common sense will prevail here.”
Common sense prevailed — just not in Newsom’s favor.
On Thursday, a three-judge panel of the appeals court ruled unanimously in the president’s favor, granting a stay of the Clinton judge’s order.
The appeals court concluded that “it is likely that the president lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when ‘the president is unable with the regular forces to execute the laws of the United States’” and indicated Hegseth’s transmittal of the order “likely satisfied the statute’s procedural requirement that federalization orders be issued ‘through’ the governor.”
‘The Judges obviously realized that Gavin Newscum is incompetent and ill prepared.’
The court also recognized that Trump had “a colorable basis” for deploying the National Guard, citing evidence that the anti-ICE rioters:
- interfered “with the ability of federal officers to execute the laws”;
- threw objects at ICE vehicles attempting to complete a law enforcement operation;
- threw Molotov cocktails and vandalized property;
- “‘pinned down’ several [Federal Protective Service] officers defending federal property by throwing ‘concrete chunks, bottles of liquid, and other objects,’ and used ‘large rolling commercial dumpsters as a battering ram’ in an attempt to breach the parking garage of a federal building.”
To Newsom’s likely chagrin, the court noted further that “the president’s failure to issue the federalization order directly ‘through’ the governor of California does not limit his otherwise lawful authority to call up the National Guard” and that “Newsom had no power to veto or countermand the president’s order.”
Newsom, like Los Angeles Mayor Karen Bass and other Democrats, suggested that the presence of the National Guard was inflammatory and prompted more unrest.
The appellate court was not buying what the governor was selling, noting both that “these concerns are counterbalanced by the undisputed fact that federal property has been damaged and federal employees have been injured” and that such concerns “are too speculative.”
President Trump celebrated the ruling, suggesting the decision affirms his ability to take similar action elsewhere if necessary.
“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard!” the president wrote 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.”
“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!” added Trump.
Newsom expressed his disappointment, vowing to press forward with his “challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”
Judge Breyer is reportedly contemplating whether to slap Trump with another injunction, restricting the president’s use of National Guard troops in Los Angeles.
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