Federal court lets Trump keep control of California National Guard; Newsom insists Trump is not above the law.

Ninth Circuit Delivers Landmark Ruling on Federal and State Authority

President Donald Trump secured a major legal victory on Thursday as the Ninth Circuit Court of Appeals unanimously granted him authority to retain control of the California National Guard. The decision reverses a lower court’s ruling and allows Trump to maintain command of National Guard troops deployed to Los Angeles earlier this month, a deployment that was intended to address unrest during protests against U.S. Immigration and Customs Enforcement (ICE).

This ruling is historic: it marks the first time since 1965 that a president has federalized a state National Guard without the consent of the governor. The court stated that Trump lawfully exercised his authority under § 12406(3), which empowers the president to federalize the National Guard when regular forces are insufficient to enforce federal law. Despite Trump’s failure to notify Governor Gavin Newsom in advance, the court concluded that Newsom had no power to veto the federal order.

In its opinion, the court clarified that while the president has the power to federalize the Guard under 10 U.S.C. § 12406, such actions are not completely insulated from judicial review, rejecting the notion of unchecked executive authority.

Newsom: “Trump Is Not a King and Not Above the Law”

Governor Gavin Newsom responded to the decision with a forceful statement on social media, declaring, “Trump is not a king and not above the law.” Newsom emphasized that the Ninth Circuit “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.”

His office added, “The Ninth Circuit rejected Trump’s sweeping claim that he can federalize the National Guard for any reason and avoid judicial scrutiny, even as it stayed an emergency district court order. This is a critical check on presidential overreach and confirmation that the President is not above the law.” Newsom, alongside California Attorney General Rob Bonta, pledged to continue their legal challenge and hold the president accountable for using military force in ways they argue violate federal law.

President Trump, for his part, celebrated the verdict on social media, calling it a “BIG WIN” and stating, “This is a Great Decision for our Country, and we will continue to protect and defend law-abiding Americans.” He stressed that federal authority must prevail when local and state police cannot manage public safety.

As the legal battle continues, the case sets a significant precedent for the boundaries between state and federal authority in times of domestic unrest. The court’s decision confirms both the strength and the limits of presidential power, reinforcing the principle that no leader is above the law.