A federal appeals court will hear arguments Tuesday in a politically charged legal battle over whether President Donald Trump can retain control over the California National Guard. A federal judge in Northern California recently ordered Trump to return authority to California Gov. Gavin Newsom.
Oral arguments are scheduled for noon in San Francisco.
The Trump administration filed an emergency appeal late last week after US District Judge Charles Breyer issued a temporary restraining order on Thursday, shifting control of the California National Guard back to Gov. Newsom. Hours later, the 9th Circuit granted a temporary stay, meaning Trump remains in control. The case will likely be heard all the way to the Supreme Court, either way the Ninth Circuit Court.
At the heart of the dispute is a clash over federal versus state authority in managing National Guard troops. Trump’s legal team argues that under Title 32 of the U.S. Code, the President may retain command of National Guard units for certain federal missions, even in peacetime. The Newsom administration contends the former president has overstepped constitutional boundaries by refusing to relinquish control after the expiration of a prior federal order.
The controversy stems from Trump’s reactivation of a 2020-era executive authority earlier this year, citing national security concerns and domestic readiness. Critics call the move a political power grab, especially in blue states like California.
The 9th Circuit, one of the most active appellate courts in the country due to the litigious nature of the left-leaning states, has historically leaned liberal.
Newsom loses this the tears will flood his desk And I might laugh a little