The federal District Court for the Northern District of California (Charles R. Breyer) has issued a preliminary injunction ordering the removal of federalized National Guard troops from California.
The Court’s opinion starts this way: “The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one. Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way — let alone significantly. What’s more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops. In response to Plaintiffs’ motion to enjoin this conduct, Defendants take the position that, after a valid initial federalization, all subsequent re-federalizations are completely, and forever, unreviewable by the courts. Defendants’ position is contrary to law.”
The Court notes the contradiction between the government’s claims that the federalization of the Guard had succeeded and the number of Guardsmen had been periodically reduced and the government’s claim that the President remained unable to execute the laws of the United States. The Court ordered the removal of Guardsmen and also that control of the California Guard be returned to the Governor. (Newsom v. Trump, N.D. CA, No. 25-cv-04870, 12/10/25.)
According to the New York Times, the 9th Circuit Court of Appeals has subsequently affirmed the decision to remove the Guard but has stayed the decision on returning control to the Governor.
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