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Can California Gov. Gavin Newsom regain control of Guard? Appeals court hears arguments

Sharon Bernstein, The Sacramento Bee on

Published in News & Features

SACRAMENTO, Calif. — Lawyers for California Gov. Gavin Newsom on Tuesday attempted to re-gain the upper hand in their legal fight with the Trump administration over the president’s decision to deploy the state’s National Guard in response to protests in Los Angeles over the objections of the governor.

The two sides faced off before a three-judge federal appeals panel in San Francisco, Newsom arguing that Donald Trump’s move amounted to a “terrifying” assault on democracy, while the president’s lawyers said Trump had the authority to take control of the guard under federal law.

Protests broke out in the nation’s second-largest city on June 6, after federal agents conducted unannounced immigration sweeps in the downtown garment district and at a Home Depot store where day laborers were looking for jobs.

On June 8, the military’s U.S. Northern Command said it had deployed the National Guard, a move that ultimately led to the deployment of 4,000 guard troops and 700 U.S. Marines. On Sunday, Trump said on his social media platform that he had ordered similar mass raids in other large cities controlled by Democrats.

After the California Guard was activated over Newsom’s objections, he sued, saying that the law Trump had used to take control Guard specified that the governor had to issue the order to do so. He won a temporary restraining order against the administration last week, but the appeals court almost immediately struck it down, saying it would hear arguments on the matter today.

The three-judge panel will likely rule on the matter this week. A hearing on the case in federal court is scheduled for Friday before U.S. District Judge Charles Breyer, whose earlier temporary restraining order was paused by the appellate court.

Legal experts said Trump’s mobilization of the National Guard over the objections of a state’s governor was highly unusual, and based on laws whose language could be interpreted in different ways.

In their argument filed with the court over the weekend, Newsom argued that federal law limits the president’s takeover of the guard to conditions far more extreme than street protests, even if some protesters become violent. The law restricts such actions to times when the United States is invaded, there is a rebellion, or “the President is unable with the regular forces to execute the laws of the United States.”

 

State and local police were well able to handle the level of violence in the L.A. protests, and the presence of military troops raised tensions rather than easing them, Newsom argued. Moreover, Trump’s takeover of the guard affected Newsom’s ability to use the personnel in important ways, including as part of a key team fighting wildfires as the summer dry season began.

But Trump’s lawyers argued that Congress did not intend for the president to only deploy the guard in the face of full-scale revolutions, the administrations argument, filed in court Monday, shows.

They point to actions as early as the Whiskey Rebellion of 1794, when President George Washington activated a militia amid protests in Pennsylvania over a tax on whiskey and other distilled products. More recently, the administration said, the National Guard was called up to enforce the Civil Rights Act of the 1960s over the objections of governors in Alabama and Mississippi.

“The situation in Los Angeles is far from ordinary civil unrest being adequately addressed by local law enforcement,” the president’s lawyers wrote in their argument. “Federal officials have been specifically targeted and subjected to periods of sustained violence aimed at preventing them from executing federal immigration laws.”

But Newsom’s lawyers said that the administration’s definition of a rebellion was far too broad and would allow the federal government to step in any time someone refused an order or disagreed with a policy supported by the president.

“Considered individually, defendants’ legal arguments are meritless,” Newsom’s brief says. “Considered in the aggregate, they are terrifying.”

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©2025 The Sacramento Bee. Visit at sacbee.com. Distributed by Tribune Content Agency, LLC.

 

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