Trump and Newsom headed for legal clash over National Guard in California

President Donald Trump and California Gov. Gavin Newsom are once again on a legal collision course as the president has activated the National Guard to respond to anti-immigration enforcement protests and riots in Los Angeles. The looming showdown is set for next week, with both sides gearing up for a heated legal battle.

The controversy began when Judge Charles Breyer, a Clinton appointee, ruled that Trump’s use of the National Guard was illegal and ordered the president to temporarily relinquish control of the soldiers. Newsom, a Democrat, praised the ruling, accusing Trump of deploying the National Guard out of “vanity” and to “instill fear” and “incite a response.”

However, Newsom’s victory was short-lived as the U.S. Court of Appeals for the Ninth Circuit swiftly intervened, placing Breyer’s decision on hold. The appellate court’s stay will remain in effect at least until Tuesday, when attorneys for both the California Attorney General’s Office and the Trump administration will present their arguments before a three-judge panel.

The panel, comprised of Judges Mark Bennett and Eric Miller, both Trump appointees, and Judge Jennifer Sung, a Biden appointee, will hear the case. In the meantime, Trump and Secretary of Defense Pete Hegseth can continue to deploy National Guard soldiers and Marines in California to protect federal personnel and buildings from attacks by anti-ICE rioters.

The Department of Justice (DOJ) argued that blocking the Trump administration’s military activities would undermine the president’s authority as Commander in Chief. The DOJ stressed that such a move would be unprecedented, unconstitutional, and dangerous.

Critics of Breyer’s ruling, including attorney Ed Whelan, have raised concerns about the legal basis for Trump’s use of the National Guard. Whelan suggested that Trump might invoke the Insurrection Act to bypass the court proceedings and exercise broader authority under Title 10 of the U.S. Code.

The National Guard dispute coincides with Trump’s hosting of a grand military parade in Washington, D.C., to commemorate the Army’s 250th birthday. The event, scheduled to cost millions of dollars, will showcase U.S. military strength and mark a significant milestone for the armed forces.

As Trump prepares for the parade, protesters across the country are gearing up for demonstrations on what they’ve dubbed “No Kings Day.” These peaceful protests aim to challenge Trump’s display of power and serve as a rallying cry for democracy. California is expected to see a significant turnout of protesters on Saturday.

In the midst of these legal battles and public unrest, the nation awaits the outcome of the upcoming court hearing and the implications for the use of the National Guard in California. The clash between Trump and Newsom is shaping up to be a pivotal moment in the ongoing debate over federal authority and states’ rights.