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
Gee, I wonder what the Ninth Circuit will say?
The president can step in IF the local and state do not step forward to protect federal properties. Of course, under Biden, none of this would happen…. one doesn’t burn down the hand that feeds them under the table. Last time I read the Constitution, it said people had the right to peacefully assemble… not “mostly peaceful”. But that is left to interpretation.
This is ridiculous. Title 10 is clear that the President can activate to federal service the Guard. If the President had not done that and the invaders had burned down the city it would be his fault. In other words, whatever he did would be wrong. The judge needs to be removed from the bench for incompetentcy and senility.
Newsom is the very definition of a sociopath.
Sociopathic narcissism aside (and I agree), he kinda looks like what I imagine would be a cross between a used car salesman and an 80s porn star.
On September 25, 1957, President Eisenhower federalized the National Guard, and sent the Army’s 101st Airborne, to Little Rock, Arkansas, so the Little Rock Nine could begin regular classes at Central High in spite of violent segregationist mobs determined not to let them attend.
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But Governor Newsom and one federal judge apparently believe the president can’t do this in California, or anywhere else in America.
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So, do we have a Plan B if Governor Newsom gets his way and the decision’s seen by anarchists as a green light for violence, theft, destruction, and murder?