• A federal appeals court has paused a ruling requiring President Trump to return California National Guard control to the state, delaying a win for Governor Gavin Newsom.
• The case centers on Trump’s decision to federalize the Guard during protests, which a judge ruled violated statutory limits and the Tenth Amendment.
• The 9th Circuit will hear arguments Tuesday, with potential implications for federal control over state National Guard forces.

The Dupree Report – A federal appeals court has temporarily halted a ruling requiring President Trump to return California National Guard control to the state, marking a significant legal battle over states’ rights and federal authority. The 9th U.S. Circuit Court of Appeals intervention postpones a major win for California Governor Gavin Newsom, who challenged Trump’s move to federalize thousands of National Guard members amid protests in Los Angeles.

Federalism at Stake in National Guard Dispute

The case centers on President Trump’s decision to deploy California’s National Guard in response to civil unrest tied to his immigration policies. Senior U.S. District Judge Charles Breyer ruled earlier in the week that Trump “unlawfully federalized” the troops, claiming his actions violated both statutory limits and the Tenth Amendment. Breyer ordered the president to return control to Newsom by Friday—a deadline now on hold following Thursday’s appellate decision.

Breyer’s detailed 36-page opinion criticized Trump for bypassing a procedural requirement mandating coordination with the state governor. “Defendants failed to comply with federal law,” he wrote, noting that Trump did not issue orders “through the governor” as stipulated. Newsom’s legal team framed the judge’s decision as a victory for checks and balances, while Trump’s camp fired back, defending his actions as critical to maintaining order during a volatile moment.

Appeals Court Hearing Looms

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The 9th Circuit’s three-judge panel, which includes two Trump appointees and one Biden appointee, will hear arguments on Tuesday. Legal experts say the case could set a precedent for federal control over state National Guard forces, a contentious issue with implications for executive power. “If this ruling is upheld, it could limit the president’s ability to take quick action in national emergencies,” said one legal strategist familiar with the case.

Trump responded Friday via Truth Social, doubling down on the necessity of his actions. “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!!!” he wrote.

What’s Next

The case underscores the broader tension between federal authority and state sovereignty, a recurring battle as both parties navigate competing visions of governance. With the 2024 election cycle underway, the legal wrangling could energize debates on states’ rights, executive overreach, and public safety.

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