Trump must return control of California Guard to Newsom, appeals court rules
The Trump administration must turn over control of the California National Guard to the state in compliance with a court order, a federal appeals court ruled late Wednesday.
The ruling by the 9th Circuit Court of Appeals caps months of legal wrangling over the federal government’s takeover of the Guard against the wishes of Gov. Gavin Newsom. It comes a day after the administration dropped its opposition to the order, following a Supreme Court decision last week allowing a similar ruling to stand regarding President Donald Trump’s use of Guard troops in Illinois.
“I’m glad President Trump has finally admitted defeat,” Newsom said in a statement emailed to reporters. “We’ve said all along the federalization of the National Guard in California is illegal.”
Earlier this month, San Francisco federal judge Charles Breyer ruled that the administration’s extended control of the guard was illegal, but delayed implementing it to let an appeal to the 9th Circuit play out. A panel of three appellate judges delayed the order further.
But on Dec. 23, the Supreme Court declined to overturn lower court rulings against Trump in a similar case, and late Tuesday, the administration backed down from its argument that the takeover, which began last June amid protests in Los Angeles that have since subsided, was still necessary.
“Without prejudice as to any other arguments defendants may present, defendants do not oppose lifting of the partial administrative stay and hereby respectfully withdraw their motion for a stay pending appeal,” wrote Assistant Attorney General Brett Shumate and Deputy Attorney General Eric McArthur.
In their Wednesday ruling, Judges Mark Bennett and Eric Miller, both Trump appointees, along with Jennifer Sung, an appointee of former President Joe Biden, lifted their stay, allowing Breyer’s Dec. 10 order demanding that the administration relinquish control of the Guard to take effect. It was not immediately clear precisely when the handover would take place.
In June, the Pentagon seized control of the California National Guard to put down anti-deportation protests in Los Angeles, kicking off an ongoing court battle between Newsom and the White House.
The legal and political fight soon spread to other states, as the Republican administration sent or attempted to send Guard troops to Portland, Oregon, Chicago, Washington, D.C. and cities with Democratic leadership.
This story was originally published December 31, 2025 at 1:10 PM with the headline "Trump must return control of California Guard to Newsom, appeals court rules."
