Judge Grants TRO Against President Trump’s Federalizing California National Guard [FURTHER UPDATE: Ninth Circuit Grants Stay]

FURTHER UPDATE 6/13/2025 10:32 am: The Ninth Circuit has temporarily stayed the order (Judges Mark Bennett, Eric Miller, and Jennifer Sung):

The court has received the government’s emergency motion for stay pending appeal. Dkt. No. 5. The request for an administrative stay is GRANTED. The district court’s June 12, 2025 temporary restraining order is temporarily stayed pending further order. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The response to the emergency motion is due June 15, 2025 at 9:00 AM PDT. The optional reply in support of the emergency motion is due June 16, 2025 at 9:00 AM PDT. The panel will hold a remote hearing by Zoom on June 17, 2025 at 12:00 PM PDT.

[Originally posted on 6/12/2025 at 8:58 pm, bumped up to note stay materials and later to note the stay itself.]

From Judge Charles Breyer (N.D. Cal.) just now in Newsom v. Trump; I expect the:

On June 6, 2025, the federal government initiated immigration raids across the City of Los Angeles. Protests swiftly followed, and some individuals involved in those protests were unruly and even violent. State and local law enforcement responded. The following day, President Trump ordered that members of the California National Guard be federalized, and thereupon assumed control of those forces.

At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.

The judge’s order:

• Defendants are temporarily ENJOINED from deploying members of the California National Guard in Los Angeles.
• Defendants are DIRECTED to return control of the California National Guard to Governo

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