Breaking: 9th Circuit Court of Appeals Delivers High-Stakes Ruling—What You Need to Know Today

The U.S. Court of Appeals for the Ninth Circuit issued a late-night administrative stay on 12 June 2025, temporarily allowing former President Donald Trump to keep elements of the California National Guard under federal control while the appellate panel reviews a lower-court ruling that called the deployment illegal. The three-judge panel’s two-page order pauses U.S. District Judge Consuelo Marshall’s earlier temporary restraining order, which had directed Trump to return command of roughly 1,000 Guard members to Governor Gavin Newsom within 48 hours. By granting the stay, the Ninth Circuit signaled that it needs more time to weigh complex questions of executive authority, federalism, and the Insurrection Act before deciding whether the federalization was lawful. Background on the dispute • In late May, Trump invoked 32 U.S.C. §502(f) to federalize California troops after days of civil-unrest protests in Los Angeles. • Governor Newsom sued, arguing that the President exceeded statutory limits because the state had not requested assistance and active-duty forces were already available. • Judge Marshall agreed, finding the deployment “arbitrary and capricious,” but the Ninth Circuit’s stay now freezes her order while merits briefs are filed over the next three weeks. Legal stakes and possible outcomes Constitutional scholars note that the appeal squarely tests how far a president can go in unilaterally seizing control of state militias absent an insurrection or state consent. If the Ninth Circuit ultimately sides with Newsom, it could curtail future presidents’ ability to bypass governors during domestic crises. A ruling for Trump, on the other hand, would reinforce broad commander-in-chief powers first outlined in Perpich v. DOD (1990). Reactions from both sides The Trump campaign called the stay “a victory for law and order,” insisting that “maintaining federal control is essential to protect property and life.” Governor Newsom countered that “California will continue fighting to defend the constitutional balance between state and federal authority,” pledging to seek en banc review or emergency relief from the Supreme Court if necessary. What’s next in the Ninth Circuit • Merits briefs from both parties are due by 5 July. • Oral argument could be scheduled as early as August given the time-sensitive nature of the deployment. • The administrative stay will automatically dissolve once the panel issues a decision on the request for a longer injunction pending appeal. Broader implications The Ninth Circuit Court of Appeals, which oversees nine Western states, has frequently been the arena for high-profile separation-of-powers fights. Its forthcoming ruling will not only decide who commands the California National Guard this summer but could also shape future litigation over presidential emergency powers in everything from border enforcement to pandemic response. SEO note: Readers following developments at the “Ninth Circuit Court of Appeals,” “9th Circuit stay order,” or “California National Guard federalization case” should bookmark this page for real-time updates as briefs are filed and the appellate court prepares for oral argument.