What's Happening?
The U.S. Court of Appeals for the Ninth Circuit has declined to rehear the case of Newsom v. Trump en banc, effectively upholding a prior ruling that allows President Trump to maintain federal control
over California National Guard troops deployed in Los Angeles during protests. The decision was made on October 22, 2025, with a majority of eligible judges not supporting a rehearing. This ruling permits the federalization of the National Guard, which was initially contested by California Governor Gavin Newsom, who argued that the deployment exceeded presidential authority and violated state sovereignty.
Why It's Important?
This ruling has significant implications for the balance of power between federal and state authorities. By allowing the federalization of state-controlled troops, the decision could set a precedent for future presidential actions during domestic unrest. It raises questions about the separation of civilian and military roles in law enforcement and the potential for executive overreach. The case highlights the ongoing tension between President Trump and Democratic-led states over the scope of presidential power, particularly in situations involving domestic protests and the use of military forces.
What's Next?
Governor Newsom's office has not yet indicated whether it will seek a review by the U.S. Supreme Court. The appellate panel must still issue a final ruling on the merits, even though the 60-day deployment of the National Guard has expired. Similar lawsuits in other states, such as Oregon and Illinois, are progressing, which could lead to a circuit split and potentially draw the Supreme Court's attention. The outcome of these cases will determine the extent of presidential authority in federalizing state National Guard units during domestic disturbances.
