Appeals court allows Trump to retain control of California National Guard after San Francisco judge rules it’s ‘illegal’

Late on Thursday, the 9th Circuit Court of Appeals granted a temporary administrative stay following an emergency motion by the federal government, per Fox News. The appellate court ordered responses by June 15, with a reply due June 16 and a Zoom hearing scheduled for June 17.

Trump wrote on Truth Social in response to the appeal, “The Appeals Court ruled last night that I can use the National Guard to keep our cities, in this case Los Angeles, safe. If I didn't send the Military into Los Angeles, that city would be burning to the ground right now. We saved L.A. Thank you for the Decision!!!”

The appeals court wrote, "The court has received the government’s emergency motion for stay pending appeal. The request for an administrative stay is GRANTED. The district court’s June 12, 2025 temporary restraining order is temporarily stayed pending further order."

The lower court judge, US District Judge Charles R. Breyer, had issued the first decision to block Trump on Thursday, siding with California Governor Gavin Newsom and ordering that control of the California National Guard be returned to the state "forthwith."

Breyer ruled that President Donald Trump acted illegally when he seized control of California’s National Guard to respond to escalating anti-ICE riots in Los Angeles, finding that Trump’s actions violated both statutory limits and the US Constitution.

“His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer wrote. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”

Breyer wrote about the limits of federal authority: “Federalism is not optional. Even the president cannot legislate by fiat.”

The legal battle stems from Trump’s decision to invoke emergency powers during recent riots in Los Angeles, which have seen widespread property destruction, clashes with police, and looting. In response, Trump issued a proclamation to federalize the California National Guard to keep the peace.

Breyer granted a temporary restraining order halting federal control, writing: “Defendants are temporarily ENJOINED from deploying members of the California National Guard in Los Angeles. Defendants are DIRECTED to return control of the California National Guard to Governor Newsom.”

White House spokesperson Anna Kelly pushed back on the ruling, calling it “unprecedented” and “dangerous.”

“The court’s order is unprecedented and puts our brave federal officials in danger,” Kelly said. “The district court has no authority to usurp the President's authority as Commander in Chief. The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles.” Kelly emphasized that the administration would appeal the ruling immediately and anticipated “ultimate victory.”