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Court of Appeals Allows Trump to Retain Control of National Guard in LA

JUN 13 2025·Updated JUN 15 2025

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Above: California National Guard on duty outside a federal building in Los Angeles on June 9, 2025. Image credit: David McNew/Getty Images

The Facts

The 9th U.S. Circuit Court of Appeals granted an administrative stay on Thursday, blocking a court order that would have otherwise compelled the Trump administration to return control of California’s National Guard to Gov. Gavin Newsom by noon Friday.
Newsweek
New York Post
U.S. District Judge Charles R. Breyer had ruled earlier on Thursday that President Donald Trump’s actions were “illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.”
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Breyer also dismissed the Trump administration’s claim that the protests “constitute a form of rebellion against the authority of the Government of the United States,” writing that the Los Angeles protests “fall far short” of the definition of a "rebellion."
Donald Trump
Court Listener
Shortly following Breyer’s judgment, the administration submitted an emergency motion calling for the 9th Circuit’s intervention, which described Breyer’s order as an “extraordinary intrusion” on presidential authority and insisted that disorder in Los Angeles met the criteria for a rebellion.
Court Listener
The Court of Appeals granted the motion and temporarily stayed the federal order, scheduling June 15 as the deadline for a response to the emergency motion, June 16 as the date for a reply, and June 17 for a remote hearing by Zoom.
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Foxnews
The Washington Post

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The Spin

Republican narrative

The administrative stay granted by the Court of Appeals has possibly saved Los Angeles. Breyer’s order was not only an unconstitutional attack on the office of the presidency but would have also left L.A. and its federal personnel to the mercy of violent mobs and rioters. With this decision, the Trump administration can continue its efforts to restore law and order to America’s streets.

Court Listener

Truthsocial

Democratic narrative

Despite the temporary setback posed by the Court of Appeal’s decision, Gov. Gavin Newsom and Attorney General Rob Bonta continue to have complete confidence in the law. The case argued by Judge Breyer makes it clear that Trump blatantly overstepped his presidential authority and violated the U.S. Constitution. The hearing on Tuesday will only expose the illegality of Trump’s actions further.

Politico