President Donald Trump. (Photo: Whitehouse.gov)
9th Circuit Smackdown for Gov. Gavin Newsom: National Guard Stays in LA
Federalism vs. state’s rights: In this case, the people won
By Katy Grimes, June 20, 2025 3:00 am
A three Judge panel of the U.S. Court of Appeals for the 9th Circuit issued an unanimous order is a stunning victory for President Donald J. Trump who deployed 4,000 National Guard troops to Los Angeles, to protect federal buildings, as well as immigration agents during the recent Los Angeles riots.
9th Circuit Judges Mark Bennett, Eric Miller, and Jennifer Sung ruled that President Trump “likely had the legal right to federalize the Guard under a law allowing it when federal forces can’t enforce U.S. laws. “The Constitution assigns the power to “call forth the Militia” to Congress, and Congress has delegated portions of that power to the President. U.S. CONST. art. I, § 8, cl. 15. As discussed, under the facts before us, we disagree that Defendants have clearly exceeded the scope of their statutory authority, so they are acting in accordance with the constitutional federal – state balance.” the judges said.
“California Governor Gavin Newsom is having a national temper tantrum because he didn’t have the foresight or leadership skills to activate the National Guard immediately when the violent Los Angeles riots broke out Friday, ostensibly as a response to ICE arrests off criminal illegal aliens,” the Globe reported.
“Instead, Gov. Newsom defied President’s authorization of the Guard, claiming that local law enforcement didn’t need the support. But videos show a very different truth:
Then Gov. Newsom announced he would sue the Trump administration over the federalization of the California National Guard, and demanded an emergency restraining order in a court filing. This was initially rebuffed by United States District Court Judge Charles Breyer, who then ruled in Governor’s Newsom’s favor.
That was almost immediately overturned by a Trump administration appeal to the Appellate court, which granted a stay at the eleventh hour.
The 9th Circuit decision explains that the President’s order federalizing members of the California National Guard was authorized.
“The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers. Protesters also damaged federal buildings and caused the closure of at least one federal building. And a federal van was attacked by protesters who smashed in the van’s windows,” the court wrote. “The federal government’s interest in preventing incidents like these is significant.”
President Trump announced the win on Truth Social:
BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! 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!
This case is terribly important addressing federalism and state’s rights. It’s a necessary case at a very divisive time in American politics, with Democrat politicians openly defying the President and the U.S. Constitution.
As the Globe noted, “In 2022, Governor Gavin Newsom activated the California National Guard to accelerate COVID-19 testing… Covid testing, versus dangerous and violent riots… More than 200 guard members were deployed to 50 sites to help with clinical staffing and crowd control, the governor said in a news release.
Gov. Newsom had the state locked down for two years by that point.
California’s Governor was the first in the country to order the entire state locked, and extended out mask mandates and school and business lockdowns beyond all other states. This made little or no difference – other than to destroy two years of kids’ education and kill off as many of the state’s small businesses as possible.
Gov. Newsom authorized the National Guard to mobilize to facilitate more covid testing, but sued the President over his authorization of the Guard during the violent Los Angeles riots.
And now Gov. Newsom has lost to Trump. Again.
Late Thursday evening, Gov. Newsom’s press office announced, “Governor Newsom vows to keep fighting as federal court rejects Trump’s military overreach.”
How tedious.
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The “astounding” part of this judicial saga is that SF Federal court Judge Breyer actually agreed with Newsom in taking control of the Guard back from the President. In the judicial world, this is an embarrassing slap down.
But did Newsom then shut up? No! Today he posted on X, that “the fight goes on”
Obviously.
The “National” in National Guard is the first clue.
Secondly, states are not allowed to have their own military. If they did, various states like California would have used them for fighting federal laws they don’t like, but with artillery and air.
Can you picture California’s nut case governor with his own state military?
Now, imagine Gavie as Commander-in-Chief of the entire U.S. military. How’s that for a frightening thought?
I think they call it “Antifa” or the National Communists or some such thing… they are the street-soldiers that came out for the last couple of weeks in the ICE riots…..
How many of these 9th Circuit judges also heard of this event?…….Would it explain the unanimity of the decision?
Did Gavin Newsom attend a high-end wine tasting event during the Los Angeles riots?
“Yes, multiple reports indicate that California Governor Gavin Newsom attended a wine-tasting event on June 7, 2025, at the Odette Estate Winery in Napa Valley, which he co-founded, while riots were occurring in Los Angeles. The event, called “Vineyard Vibes,” was a fundraiser for the PlumpJack Foundation, featuring wines, live jazz, and food. These reports note that the Los Angeles riots, sparked by opposition to the Trump administration’s immigration policies, began on June 6, 2025, with significant violence, including vandalism, arson, and attacks on law enforcement. A source who photographed Newsom at the event expressed shock at his attendance given the ongoing unrest. However, some defenses on X and other sources claim the event was a cancer research fundraiser in honor of Newsom’s mother, and that the riots were not as widespread at the time of the event as portrayed. Critics argue Newsom’s attendance reflects a pattern of prioritizing personal or business interests during crises, while supporters frame it as a mischaracterized commitment to a charitable cause.” – Grok
Of course, King Newsom was at a wine tasting event, just like he was a the French Laundry having a lavish dinner after he ordered everyone else to remain locked down in their houses during the Covid pandemic.
All hail King Newsom!
“No Kings” protests happened shortly thereafter… ironic, right???
@CriticalDfence9, Absolutely. You can’t make this stuff up.
Pathologically narcissistic Gavin Newsom will use your and my tax dollars to appeal his loss to the US Supreme Court. He will lose but doesn’t care. With Newsom it’s nothing but posturing. He is all hat and no cattle. That California voters keep him in office is actually deeply disturbing. In countless ways he would likely be a more dangerous President than Biden.
Only some California voters. The democrats in CA. have mastered the art of the steal.
There’s a REASON why another “King”, named Alex Padilla, who installed the ironically-named “Dominion” electronic voting platform statewide as California Secretary of State, before HE failed upward to take over Kamala Harris’ (ANOTHER California fail-upwards politician) Senate seat…
King Padilla was tackled at Kristy Noem’s ICE-protest event for showing up unprepared without his proper credentials and taking an aggressive stance…
https://x.com/Elex_Michaelson/status/1933228833706291258
Great news.
And great commentary about it above.
Can the taxpayers demand that Newsom pays out of his own pocket for the multitude of lawsuits he so quickly files? Its not just the taxpayers of CA who pay for his hissy fits. He is forcing the taxpayers all over the US to pay for his grandstanding and outrageous virtue signaling policies.
“Governor Newsom vows to keep fighting as federal court rejects Trump’s military overreach.”
Like the rabid, caged animal that he is… Newsom Bonta & Lara only know lawfare, they know NOTHING of effective management or how to do their jobs effectively… they are only political opportunists that occupy an office for a period of time to gain publicity in preparation for their next “fail upward” to the next political office that they desire….
That’s the “California way” that Newsom speaks of so frequently… fail upwards…..
Well said, @ CriticalD!
California clown-show!
Instead of the honking horn, they decry, sue him, sue him…
Newsom is circling the bowl.
Finally an Attorney spelling it out using USC codes in this case 10 USC 12406.Even far left liberal Judges can’t ignore that, they could but it wouldn’t look good on appeal.
In Newsom’s defense, he was too busy getting ready for an exclusive wine tasting event in Napa Valley to call in the National Guard to protect life and property during the LA riots. When you go to those type of events, you have to dress to impress, and that takes time.
Ha ha — Oh yes, of course! What were we thinking? Looks like Gavin’s off the hook then.