In a recent development that may have left California Governor Gavin Newsom (D) less than pleased, the U.S. Court of Appeals for the Ninth Circuit overturned a ruling by a Clinton-appointed judge.
The case in question revolved around President Donald Trump's decision to deploy the National Guard to Los Angeles on June 7, in response to anti-Immigration and Customs Enforcement riots, which he described as "a form of rebellion against the authority of the Government of the United States."
The court stated, "It is likely that the president lawfully exercised his statutory authority under 12406(3)."
Newsom, who had previously downplayed the violence and seemed to empathize with the rioters, had requested a federal district court judge to compel Trump to relinquish control of the federalized California National Guard. U.S. District Court Judge Charles Breyer, appointed by Bill Clinton, sided with Newsom on June 12, asserting that Trump's actions "were illegal both exceeding the scope of his statutory authority and violating the Tenth Amendment of the United States Constitution."
According to The Blaze, Newsom then demanded Trump to "relinquish your authority of the National Guard back to me and back to California," and proceeded to criticize the president as "weak" during a press conference.
However, the governor's satisfaction was short-lived 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.
In the days leading up to the appellate court's ruling, Newsom expressed confidence, stating, "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." However, the court's decision did not align with Newsom's expectations.
On Thursday, a three-judge panel of the appeals court unanimously ruled in favor of the president, granting a stay of Judge Breyer's order. The court concluded that "it is likely that the president lawfully exercised his statutory authority under 12406(3)," and that the order's transmission "likely satisfied the statute's procedural requirement that federalization orders be issued 'through' the governor."
President Trump celebrated the ruling, stating 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."
The court also recognized that Trump had "a colorable basis" for deploying the National Guard, citing evidence that the anti-ICE rioters had caused damage. The court further noted 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, along with other Democrats like Los Angeles Mayor Karen Bass, had suggested that the presence of the National Guard was inflammatory and incited more unrest. However, the appellate court dismissed these concerns as "too speculative," countering them with the "undisputed fact that federal property has been damaged and federal employees have been injured."
Despite the setback, Newsom expressed his disappointment and pledged to continue his "challenge to President Trump's authoritarian use of U.S. military soldiers against citizens."
Meanwhile, Judge Breyer is reportedly considering whether to impose another injunction on Trump, limiting the President's use of National Guard troops in Los Angeles.
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