by Vanguard Staff
OAKLAND, Calif. — The U.S. Court of Appeals for the Ninth Circuit on Thursday rejected President Donald Trump’s emergency request to fully pause a lower court order barring the deployment of California National Guard troops in Los Angeles, allowing key restrictions on the deployment to remain in effect while the appeal proceeds.
In a partial administrative stay, the Ninth Circuit allowed the first part of a Dec. 10 order from the U.S. District Court for the Northern District of California to stand. That portion of the order bars the deployment of California National Guard troops in Los Angeles. At the same time, the appellate court temporarily paused a separate provision that would have required federal authorities to return control of the federalized California National Guard to Gov. Gavin Newsom.
The result, according to California officials, is that National Guard troops will not be deployed on the streets of Los Angeles while the litigation continues.
“The Ninth Circuit’s decision means that, come Monday, there will be no National Guard troops deployed in California. Let me repeat: For the first time in six months, there will be no military deployed on the streets of Los Angeles,” Attorney General Rob Bonta said in a statement. “While this decision is not final, it is a gratifying and hard-fought step in the right direction. California did not ask to be a testing ground for the President’s militarized vision of America. There is no crisis to justify the National Guard’s continued presence, and we look forward to continuing to prove that in court.”
The appellate court’s order grants the federal government’s request for an administrative stay only in part. Specifically, the court temporarily stayed the district court’s directive that federal authorities return control of the California National Guard to the governor. In all other respects, the Ninth Circuit denied the administration’s request, leaving the prohibition on deployment in place.
The three-judge panel — Judges Mark J. Bennett, Andrew D. Miller and Sung — emphasized that the administrative stay is procedural and does not resolve the underlying legal dispute. The order states that the stay is intended only to preserve the status quo until the court can consider the government’s motion for a stay pending appeal and “does not constitute in any way a decision as to the merits” of the case.
The case arises from a lawsuit filed by Gov. Newsom and the state of California challenging the Trump administration’s actions related to the deployment and federalization of the California National Guard. California officials have argued that the deployment was unjustified, unlawful and an overreach of federal authority, particularly in the absence of an emergency warranting military involvement in domestic law enforcement.
The district court’s Dec. 10 order found sufficient grounds to bar the deployment of National Guard troops in Los Angeles, concluding that the administration had not demonstrated a legitimate basis for their continued presence. That ruling prompted the federal government to seek emergency relief from the Ninth Circuit, arguing that the order interfered with executive authority and national security interests.
By granting only a partial stay, the Ninth Circuit effectively maintained the core of the district court’s ruling while leaving unresolved the question of who ultimately controls the Guard during the pendency of the appeal. The temporary pause on returning the Guard to the governor’s command preserves federal control for now, but without allowing troops to be deployed in Los Angeles.
The court’s order was filed Thursday and remains in effect pending further action by the Ninth Circuit. A decision on the government’s motion for a stay pending appeal, and ultimately on the merits of the case, is expected at a later date.
For California officials, the ruling marks a significant, if interim, victory in a broader legal fight over the limits of presidential power and the use of military forces within state borders.
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