NEW: Ninth Circuit says Trump "likely... lawfully exercised his statutory authority" federalizing CA National Guard [View all]
@joshuajfriedman.com
NEW: The Ninth Circuit reverses Judge Breyer's order, finding that President Trump "likely ... lawfully exercised his statutory authority" when he federalized the California National Guard. https://storage.courtlistener.com/recap/gov.uscourts.ca9.4e2731d4-cbd8-4803-a59f-a1d0c6023daf/gov.uscourts.ca9.4e2731d4-cbd8-4803-a59f-a1d0c6023daf.32.0.pdf
The order is per curiam, meaning it is unsigned and comes from the full three-judge panel.
The court spends 14 of 38 pages rejecting the govt's argument that Trump's decision to federalize the California National Guard can't be reviewed by the courts.
The court concludes that the statute's requirement that "orders ... shall be issued through the governors of the States" doesn't mean that a governor must consent or even be consulted before their state's National Guard is federalized.
NEW: The Ninth Circuit reverses Judge Breyer's order, finding that President Trump "likely ... lawfully exercised his statutory authority" when he federalized the California National Guard. storage.courtlistener.com/recap/gov.us...
— Joshua J. Friedman (@joshuajfriedman.com) 2025-06-20T02:38:55.511Z
BREAKING: Ninth Circuit panel allows Trump's order activating the National Guard to remain in effect during California's challenge to that order.
— Chris Geidner (@chrisgeidner.bsky.social) 2025-06-20T02:48:59.168Z
The panel, after arguments, held that Trump's action activating the Guard was likely lawful under a "highly deferential" standard of review.
The unsigned, per curiam order was unanimous from the panel, which included Judges Mark J. Bennett and Eric D. Miller, both Trump appointees, and Judge Jennifer Sung, a Biden appointee.
— Chris Geidner (@chrisgeidner.bsky.social) 2025-06-20T02:51:43.469Z
Order: storage.courtlistener.com/recap/gov.us...
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