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NewsLos Angeles Times – CaliforniaOctober 23, 2026Los Angeles County

9th Circuit rules President Trump illegally federalized California National Guard

Photo: Los Angeles Times – California

The 9th Circuit Court of Appeals ruled that President Trump exceeded his statutory authority and violated the constitutional separation of powers by federalizing the California National Guard to respond to protests in Los Angeles and across the state. The two-one decision concludes that the administration failed to show the situation met the statutory definition of a rebellion required to deploy troops without state approval.

National GuardConstitutional LawFederalismImmigration EnforcementJudicial Rulings
Read the full story at Los Angeles Times – California

Why It Matters

The ruling limits the executive branch's ability to command state National Guard units during domestic protests without state governor approval or a verified state of rebellion, restricting federal military deployment powers within state borders.

Key Facts

  • The 9th Circuit Court of Appeals ruled 2-1 that President Trump illegally usurped Gov. Gavin Newsom's command of the California National Guard.
  • The court found the deployment order exceeded statutory authority and violated the constitutional separation of powers.
  • The dispute arose after 4,000 National Guard soldiers were federalized in response to unrest over immigration enforcement in Los Angeles.
  • Justice Department lawyers relied on an obscure and virtually untested subsection of law and subsidiary definitions of 'rebellion' to justify the deployment.
  • The majority opinion stated the administration failed to provide evidence of a violent, armed, organized, and avowed uprising against the government as a whole.
  • Federalized troops were ordered to leave Los Angeles in December following a Supreme Court decision regarding the statute.

Who's Mentioned

PersonDonald Trump“President whose deployment order was ruled illegal”OrganizationDepartment of Justice“Provided data for the Portland case and represented defendants”locationPortland“City where troops were deployed in the fall”PersonRob Bonta“California Attorney General”PersonGavin Newsom“California Governor whose command was usurped”OrganizationCalifornia National Guard“Military force federalized by the president”Organization9th Circuit Court of Appeals“Appellate court that issued the ruling”PersonEric D. Miller“9th Circuit judge in the majority”PersonJay Bybee“9th Circuit judge”PersonKarin Immergut“U.S. District Judge in Portland”PersonMark J. Bennett“9th Circuit judge who dissented”locationLos Angeles“City where troops were deployed”locationCalifornia“State whose National Guard was federalized”OrganizationSupreme Court“Court that adopted an academic reading of the statute on Dec. 23”PersonCharles R. Breyer“US District Judge”PersonJennifer Sung“9th Circuit judge who authored the majority opinion”