Ninth Circuit affirms block on Trump's California Guard takeover

Response / context

The majority said the government failed to make the two threshold showings required to rely on § 12406(3): authority to execute the laws with regular military forces and inability to do so with those forces. It also held that conditions in Los Angeles did not support a colorable determination of a rebellion or danger of rebellion under § 12406(2). The panel therefore affirmed the order barring deployment in Los Angeles and directing return of Guard control to Governor Gavin Newsom. Judge Eric Miller, a Trump appointee, joined Judge Jennifer Sung's majority opinion; Judge Mark Bennett dissented, arguing that the panel should not have resolved the appeal in its procedural posture and disputing the majority's ultra vires and Tenth Amendment analyses. A related order denied the administration's request to voluntarily dismiss its appeal of the initial-federalization injunction but granted dismissal of a separate appeal concerning later extension orders. California officials praised the decision. The White House did not immediately respond to the San Francisco Chronicle. The administration may seek rehearing by the full Ninth Circuit or Supreme Court review; no such later order was identified during the Ledger's review.