Governor Newsom Loses Court Battle Against President Trump

California Governor Gavin Newsom just lost a major court battle in federal court against President Trump, effectively delaying the removal of the National Guard in Los Angeles. The Ninth Circuit Court of Appeals ruled that – for now – the Trump Administration can keep the troops in LA because of the anti-ICE riots and protests.

President Trump touted his “BIG WIN” on Truth Social:

BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done. This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!

It all started when Newsom rushed to court to file a lawsuit against the Trump Administration after the President sent in the National Guard to quell the riots. Newsom secured a temporary restraining order, meaning Trump would have to cede control of the National Guard back to Newsom. The Trump Administration then appealed that ruling, securing an administrative stay to keep the troops in place.

And that brings us to where we are today, with the Ninth Circuit issuing its decision. Of note, the unanimous ruling in Trump’s favor comes from a court likely not expected to side with Trump. Most would describe the Ninth Circuit as a very liberal court.

Today’s topic raises a question: What’s the point of having a National Guard if the U.S. President can’t call upon it? We shouldn’t have to play politics with the military or jump through legal hoops to protect our citizens.

Historically, the National Guard has been called up when both a state governor and the U.S. President agree that military support is needed. For example, the National Guard was deployed during the Civil Rights era when some Southern governors were not allowing universities to be integrated.

Additionally, a state governor can request that the U.S. President federalize the National Guard during disaster relief or rioting. We saw that in 1992 during the Rodney King riots. But to be clear, it was in conjunction with the governor’s request.

Of course, Trump and Newsom are publicly arguing that the National Guard is not needed in Los Angeles. And the trending argument in today’s political climate appears to be: “If we haven’t had to use an agency in X number of years, then we shouldn’t have to use it now.”

Such a ridiculous argument fails to recognize Executive powers. 10 U.S Code grants the Commander in Chief control over the National Guard. Included within Chapter 13 is the Insurrection Act of 1807, which President Thomas Jefferson signed. 

President Trump is arguing that Governor Newsom has taken measures to prevent ICE from performing its duties to protect the country from violent criminals. Thus, using the National Guard is warranted based on the Insurrection Act.

The ACLJ has been actively defending Executive authority for several months now. We’ve filed eight amicus briefs on the issue. We scored a recent victory when a federal judge rejected the DNC’s attack on Executive authority, siding with the arguments of our amicus brief.

And we filed a major amicus brief at the U.S. Supreme Court tackling the out-of-control lawfare being waged against President Trump by the Left’s handpicked judges. We filed this brief on behalf of the state of West Virginia. We await the justices' decision, which is expected soon.

Today’s Sekulow broadcast included a full analysis of the Ninth Circuit Court of Appeals ruling in favor of President Trump’s deployment of the National Guard. We also discussed our amicus brief that helped secure a U.S. Supreme Court victory that delivered a crushing blow to the Palestine Liberation Organization (PLO) and Palestinian Authority (PA), ruling that they can be held accountable in American courts for their role in financing and supporting terrorism that kills and injures American citizens.

Watch the full broadcast below: