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Before BENNETT, MILLER and SUNG, Circuit Judges 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, 944F.3rd 1222, 1223 (9th Circuit 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 9:00AM PDT. The panel will hold a remote hearing by Zoom on June 17, 2025 at...

A federal judge late Thursday ruled that the federalization of parts of California’s National Guard by President Donald Trump was “illegal,” and ordered Trump to return control of the Guard to state Gov. Gavin Newsom “forthwith.” But Judge Charles Breyer stayed his temporary restraining order from taking effect until 3 p.m. ET on Friday to allow the Trump administration to appeal his decision. The administration promptly did just that, asking the 9th Circuit U.S. Court of Appeals to block Breyer’s ruling from taking effect. Trump, over the past week, had federalized 4,000 members of the California National Guard, and mobilized...

A federal judge has ruled that President Donald Trump acted illegally when he seized control of California’s National Guard during ICE-related riots in Los Angeles. U.S. District Judge Charles R. Breyer issued the decision Thursday, siding with Governor Gavin Newsom and ordering Trump to return control of the Guard to the state "forthwith." "His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution," Breyer wrote. "He must therefore return control of the California National Guard to the Governor of the State of California forthwith." "Federalism is not optional," the...

A federal judge in San Francisco expressed skepticism at a hearing Thursday that President Trump had the authority to federalize the National Guard, questioning whether he had followed the law before ordering an extraordinary deployment to Los Angeles over the weekend. U.S. District Judge Charles Breyer, presiding over the case, pushed back against the Justice Department’s central argument, that courts had no say in the matter. “We’re talking about the president is exercising his authority, and of course, the president is limited in his authority,” Breyer said. “That’s the difference between the president and King George.” “We live in response...