A federal appeals court has overruled a Democrat activist judge’s order directing President Donald Trump to turn over control of the National Guard to California.
The Ninth Circuit Court of Appeals issued the ruling on Thursday night.
The move allows Trump to keep the National Guard in Los Angeles at least through Tuesday.
The appeals court scheduled a hearing for Tuesday to consider the issue.
Trump deployed the National Guard to quell the violence as local officials failed to contain the rioting.
Judge Charles B. Breyer, a Clinton appointee, found Trump’s decision to send in the National Guard amid riots in Los Angeles was “illegal.”
As a result, the judge blocked the president from keeping the troops in the city.
Breyer paused his order from taking effect until Friday at noon.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions,” the judge wrote.
“He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.
“He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
In response to the activist judge’s ruling, Democrat Governor Gavin Newsom gloated in a post on X:
“This win is not just for California, but the nation.
“It’s a check on a man whose authoritarian tendencies are increasing by the day.”
BREAKING: The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets.
This win is not just for California, but the nation.
It’s a check on a man whose authoritarian tendencies are increasing by the day.
End the illegal… pic.twitter.com/0YMqvZSN6u
— Gavin Newsom (@GavinNewsom) June 13, 2025
The Trump administration immediately appealed the ruling to the Ninth Circuit.
The appeals court swiftly sided with Trump, overruling Judge Breyer and Democratic officials in California.
On Saturday, Trump issued a memo calling 2,000 National Guard members into federal service to “temporarily protect ICE and other United States Government personnel.”
The move came as violent riots broke out in Los Angeles.
Newsom responded Monday by suing Trump, claiming his actions were unconstitutional.
In a filing on Thursday, the Trump administration called Newsom’s lawsuit “a crass political stunt endangering American lives.”
“There is no rioters’ veto to enforcement of federal law,” the filing states.
“And the President has every right under the Constitution and by statute to call forth the National Guard and Marines to quell lawless violence directed against enforcement of federal law.”
READ MORE – Rachel Maddow: LA Rioters Promote ‘Joyful & Sustainable Opposition’ to Trump
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