The legal battle over the Trump administration’s deployment of the National Guard in California heads to a federal appeals court on Tuesday.
The Ninth Circuit Court of Appeals will preside over a remote hearing regarding California’s challenge to President Donald Trump’s federalization of the state’s National Guard troops amid protests over immigration enforcement in the Los Angeles area.
Last week, a federal judge in California issued a temporary restraining order that would have blocked Trump’s deployment of the troops and returned control of the California National Guard to Gov. Gavin Newsom, who did not consent to the Guard’s activation.
However, following an appeal by the Trump administration, a panel of three judges on the Ninth Circuit Court of Appeals issued an administrative stay of the lower court’s order, dealing the Trump administration a temporary reprieve to what would have been a major reversal of its policy on the protests in Los Angeles.
National Guard troops wear gas masks during protests against federal immigration sweeps, in Los Angeles, June 12, 2025.
David Swanson/Reuters
The three-judge panel — made up of two judges nominated by Trump and one nominated by former President Joe Biden — scheduled the hearing on the matter for Tuesday afternoon.
The district judge’s order called Trump’s actions “illegal.”
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not,” U.S. District Judge Charles Breyer said in his June 12 order granting the temporary restraining order sought by Newsom. “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.”
The order did not limit Trump’s use of the Marines, which had also been deployed to LA.
In a press conference after the district court’s order, Newsom said he was “gratified” by the ruling, saying he would return the National Guard “to what they were doing before Donald Trump commandeered them.”
In its appeal to the Ninth Circuit, administration lawyers called the district judge’s order “unprecedented” and an “extraordinary intrusion on the President’s constitutional authority as Commander in Chief.”
Some 4,000 National Guardsmen and 700 Marines were ordered to the Los Angeles area following protests over immigration raids. California leaders claim Trump inflamed the protests by sending in the military when it was not necessary.
