A divided federal appeals court ruled on Friday that President Donald Trump's deployment of 4,000 members of the California National Guard to the Los Angeles area was an unlawful abuse of his authority — a sweeping defeat for the president's claim that he could seize control of a state's troops whenever he declared an emergency.
The 2-1 decision by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit upheld a lower court's order blocking the deployment and returning control of the Guard to California Governor Gavin Newsom. The court held that Trump's federalization of the Guard "exceeded the President's statutory authority and encroached on Congress's calling forth power."
The "rebellion" argument falls apart
Trump invoked 10 U.S.C. § 12406 in June 2025 to order 4,000 members of California's National Guard into federal service for 60 days, saying the troops were needed to protect federal property and personnel during demonstrations against federal immigration enforcement in Los Angeles. The administration argued the protests amounted to a "rebellion" that justified federalizing the Guard.
The court disagreed. The majority found there was no rebellion and that the president's determination did not stand within a "range of honest judgment." While acknowledging that some protesters committed "serious breaches of the peace and acts of violence," the opinion noted the trial court had found "no evidence of organized, as apart from sporadic or impromptu, violence."
The ruling follows precedent set by the U.S. Supreme Court in December, when the court held in Trump v. Illinois that Trump's federalization of the Illinois National Guard was illegal. Judge Jennifer Sung, a Biden appointee, wrote the majority opinion, joined in full by Judge Eric Miller, a Trump appointee who also wrote a short concurrence. Judge Mark Bennett, also a Trump appointee, dissented, arguing the court should not have reached the merits before a final judgment.
"A crucial day for the rule of law"
Governor Gavin Newsom celebrated the ruling as a landmark defense of the constitutional separation of powers.
"Today is a crucial day for the rule of law, upholding the Constitution and defending democracy," Newsom said in a statement. "Yet another court has issued a complete rejection of Donald Trump's illegal, authoritarian takeover of our state's National Guard. California fought back against this potential power grab and, in doing so, created essential legal precedent that not only protects Californians but all Americans. California continues to stand as a first line of defense against Donald Trump's authoritarianism."
California Attorney General Rob Bonta, who brought the case on behalf of the governor and the state, said the ruling sends a message to the White House. "Once again, the courts have rejected the Trump Administration's attempts to circumvent the law for its own political agenda," Bonta said. "Deploying the National Guard in Los Angeles with no rhyme or reason was a clear example of federal overreach, and it will not be tolerated."
The Justice Department did not respond to a request for comment.
Little immediate effect — but a precedent that lasts
The ruling will have little immediate effect on the ground: the administration backed down in December last year and ended its deployment of federalized troops in California. But the decision, in the case known as Newsom v. Trump, establishes a precedent that will constrain any future president who tries to federalize a state's National Guard over a governor's objection.
It also lands eight days before the November 3 midterm elections, in a campaign season already dominated by the administration's use of federal power — from the Justice Department's lawsuits over state elections to the deployment of troops in American cities. For Newsom, a leading Democratic voice against Trump, the ruling is both a legal victory and a political weapon: proof, he argues, that the courts are still willing to say no.
Fuentes: Bloomberg Law, 23 oct 2026; Military.com, 26 oct 2026; MyNewsLA, 23 oct 2026; FOX 11 Los Angeles, 23 oct 2026; Office of Governor Gavin Newsom, 23 oct 2026.