California Gov. Gavin Newsom just lost a major ruling in the United States Court of Appeals for the Ninth Circuit, which ruled that President Donald Trump is likely to prevail in his deployment of National Guard troops. Newsom and various Democratic politicians have insisted that Trump’s order is unlawful and that Newsom has to agree to any request for deployment. The Ninth Circuit ruled on Thursday that Newsom does not have such a veto over deployments.
The Ninth Circuit blocked the injunction of District Court Judge Charles Breyer who suggested in open court that Trump was acting like another “King George.” He then wrote an opinion that included many Democratic talking points — suggesting, for example, that Trump was creating disorder by calling out the National Guard to deal with disorder. Breyer further indicated that the violence in Los Angeles was relatively minor, despite potentially deadly attacks on law enforcement, arson, and looting.
Breyer gave the Administration little time to appeal his ruling, but it was enough for the Ninth Circuit.
Title 10 provides:
Whenever—
(1) the United States, or any of the Commonwealths or
possessions, is invaded or is in danger of invasion by a
foreign nation;
(2) there is a rebellion or danger of a rebellion against the
authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
10 U.S.C. § 12406.
In his decision, Judge Breyer took the extreme position that Trump could not use subsection 3 if there was any possibility of executing federal laws absent the use of the National Guard troops:
[T]he statute does not allow for the federalizing of the National Guard when the President faces obstacles that cause him to underperform in executing the laws. Nor does the statute allow for the federalizing of the National Guard when the President faces some risk in executing the laws. . . . The statute requires that the President be “unable” to execute the laws of the United States. That did not happen here.
In its decision, the court rejected this premise and held that “Section 12406 does not have as a prerequisite that the President be completely precluded from executing the relevant laws of the United States in order to call members of the National Guard into federal service, nor does it suggest that activation is inappropriate so long as any continued execution of the laws is feasible.”
It concluded that “it is likely that the President lawfully exercised his statutory authority” in federalizing control of the guard. It also rejected Newsom’s claim of a veto on deployment.
Here is the opinion: 25-3727_order-for-pub
Past tradition of presidents (precedent) – where a past president superseded a governor’s authority over the National Guard – was only done to protect and expand constitutional rights. The supreme duty under the American Oath of Office for local, state and federal officials.
When a state governor was violating the constitutional rights of people in their state or refused to protect cindtitutional rights. That dereliction of duty by that governor made it perfectly proper for a president to check & balance that governor being disloyal to his Oath of Office.
But the Oath of Office cuts both ways. If a president were disloyal to his or her Oath of Office – dereliction of duty in not protecting people’s constitutional rights. The local or state official coukd check & balance that president disloyal to their oath of office.
It seems in the current case, the California Attorney General (top prosecutor in the state) is totally justified to indict and convict any Trump official denying constitutional due process to any person. In this scenario the president is not the protector of rights (his top oath-sworn duty) and has no authority over the National Guardsman – all sworn to uphold the U.S. Constitution.
This is all utter blather. The National Guard is a federal force, and the President is its commander in chief.
* It’s Saturday, June 21, 2025, the US just bombed 3 Iranian nuclear sights. Now, there might be a greater understanding of federal deployment as your safety is paramount. Let’s hope we’re all safe.
The NG deployed well.
It is amazing how Democrats are so quick to label anything Trump does as a constitutional insult, while continuing to file truckloads of frivolous lawfare claims of unconstitutionality against Trump
Governor Newsome’s expensive lawsuits against President Trump and damage from the anti-ICE riots, as well as his campaign to fight Trump in the future, has led to cuts in spending on worthwhile endeavors. It is explained as “unexpected expenditures”.
In my opinion, Governor Newsome fights Trump, as part of a future presidential bid, and he’s pulling money from the state budget to do it.
If America ever does vote that toothy, slick Newsom into the White House, after he presided over the state burning, the inability to put out fires, astronomical gas prices, unrestrained shoplifting and looting that drove many businesses out of state, all the riots, the anti police policies that led to policing shortages, homeless camps springing up everywhere like a social spontaneous generation, the EV mandates, and requiring washing machines and dishwashers to use less and less water that it’s becoming unhygienic, then the entire nation will experience California blight.
There used to be fire breaks bulldozed into the hills. That was ended for environmental reasons. Now that fires flash through hills unchecked, Newsom just blames Global Warming. We waste an astonishing amount of taxpayer money, yet we have no Super Scooper to put out fires. We have to make do with other aircraft, until Canada’s fire season ends, to borrow theirs. He focused CA’s control over the electrical grid on green energy, which jacked up ratepayers’ bills, instead of updating the infrastructure, and when fires sparked from faulty equipment, he blamed the electrical companies and Climate Change.
Newsom designated CA a sanctuary state. He and his party crafted benefits especially for illegal aliens, including migrant shelters and hime buying assistance. He added illegals to Medi-Cal and promptly bankrupted it, jeopardizing access to healthcare for citizen and legal resident poor.
Yet here he is, wasting more money on a court case objecting to President Trump sending in the national guard to quell riots in CA. He should have sent Trump a nice fruit basket and chocolate-covered strawberries.
What an AMAZING summary of Newsom’s catastrophic regime over the CA! He NEVER assumes responsibility and is quick to throw everyone under the bus for his own misguided governance. If you are a CA resident, I hope you can persuade many of your fellow residents to reject this man’s obvious prep for the presidency!
Can’t listen to this enough. Dilley Meme Team, well done!
https://www.realclearpolitics.com/video/2025/06/18/dilley_meme_team_uses_remix_of_california_dreamin_to_mock_state_under_newsom_featuring_trump_on_flute.html
They were unable to execute the law. We saw that in 2020 when liberals rioted through many Democrat cites causing billions in property damage
I’ll preface this by saying I’m not a full blown textualist. However, I would love to hear how a textualist can read section 3 and derive any meaning from it that distinguish the text (i.e, President is “unable”) from the ascribed meaning (i.e., “it is infeasible for the President to” . . )
If there is no difference, can you claim textualist bona fides?
☀️ 2025 Summer Solstice
The 2025 summer solstice falls on Friday, June 20, at 10:42 p.m. ET, according to NASA and the Old Farmer’s Almanac.
This marks the longest day of the year in the northern hemisphere, when the Earth’s tilt positions it closest to the Sun.
The earth is flat.
kudos to the 9th circuit for seeing through the Temporary Restraining Order ruse used by the “King George” judge and treating it as a preliminary injunction, which is what it really was.
The Temporary Restraining Order scam has become very popular among anti-Trump district judges.
Also- thank you Professor, for the link to the 9th Circuit opinion.
well, the Dipocrats outdid themselves in this one – and so did the “King George” district judge.
you don’t like the “unconstitutional”!!!! argument – they’ve got others – they’ve got a million of ’em.!!!
This time, they included the “ultra vires” argument – the Latin phrase for “without power,” or “beyond authority.”
Which is what they really want – Trump should be blocked from taking any actions whatsoever; from acting as President (instead of an autopen).
What if Newscum and Karen Bass let Kookoofornia burn – so be it.
The government of Pakistan on Friday recommended President Donald Trump for a 2026 Nobel Peace Prize for his role in de-escalating a brief conflict between India and Pakistan earlier this year.
Earlier this year, the Trump administration intervened to stop a conflict between Islamabad in New Delhi in its early stages after a terrorist attack in the Kashmir region led India to attack its Islamic neighbor.
“The Government of Pakistan has decided to formally recommend President Donald J. Trump for the 2026 Nobel Peace Prize, in recognition of his decisive diplomatic intervention and pivotal leadership during the recent India-Pakistan crisis,” the government stated.
“At a moment of heightened regional turbulence, President Trump demonstrated great strategic foresight and stellar statesmanship through robust diplomatic engagement with both Islamabad and New Delhi which de-escalated a rapidly deteriorating situation, ultimately securing a ceasefire and averting a broader conflict between the two nuclear states that would have had catastrophic consequences for millions of people in the region and beyond,” it went on. “This intervention stands as a testament to his role as a genuine peacemaker and his commitment to conflict resolution through dialogue.”
The Pakistani government further expressed gratitude for Trump’s offer to help resolve the territorial dispute in the Jammu and Kashmir region, which has been a point of contention for decades.
The U.S. president has previously been nominated for his work in negotiating the Abraham Accords between Israel and several Middle Eastern Islamic governments. He also received
This by a Biden judge:
https://x.com/ABC7/status/1936129900018094159
Maybe it is time for the administration to challenge the appointments of Autopen judges. Clean them out.
A judicial appointment within the exclusive power of a president isn’t legal or valid when done by a radical aide with the autopen while the President is non compos.. It’s basically standing on a forgery.
A few more crazy decisions by Autopen judges and looking into the problem will become increasingly attractive.
A judge’s appointment doesn’t need to be signed, so the use of the autopen is irrelevant. The only question is whether the president truly ordered the appointment, or someone did it in his name while he was napping. If the latter then the appointment is invalid. But you’d have to prove it, in each individual case. And I don’t see how you can do that. From all reports he did have good days, so they can always claim that any given appointment, pardon, executive order, or bill signing, happened on a good day.
Told ya so in earlier posts.
The United States of America is not a juristocracy. Title 10 of the United States Code is unconstitutional. Title 10 illicitly usurps and exercises the executive and military power of the president. Congress has no powers of executive branch oversight or military command; no legislation that usurps and/or exercises executive or military command power is constitutional. Congress has the power to declare war. The Senate shall advise and consent to executive treaties and appointments. The Supreme Court enjoys no power to amend the Constitution.
Article 1, Section 8, Clause 11
The Congress shall have Power…
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;….
Article 1, Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Article 2, Section 1
The executive Power shall be vested in a President of the United States of America.
Article 2, Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;….
Article 3, Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
It seems daily there is news of Renegade Justice or Judge’s. They would do themselves and the rest of us good if they would read Alexander Hamilton’s “The Utility of the Union as a Safeguard against Domestic Faction and Insurrection” Number 9 of the Federalist Papers. I’ll quote a few sentences:
“A FIRM UNION WILL be of the utmost moment to the peace and liberty of the states, as a barrier against domestic faction and insurrection.”
Speaking about Montesquieu and his recommendation about republics, Hamilton reasoned: “….IF we therefore receive his ideas on this point, as the criterion of truth, we shall be driven to the alternative, either of taking refuge at once in the arms of monarchy, or of splitting ourselves into an infinity of little, jealous, clashing, tumultuous commonwealths, the wretched nurseries of unceasing discord, and the miserable object of universal pity or contempt….”
Has the United States become so decomposed that we’ve entered a disassociation from the union by individual states, usurping the Constitution and law’s there under?
George W
Yep
Alexander Hamilton, of utmost importance, also said that words mean things and the words that are written and read must be strictly adhered to.
As we can see, the legislative and judicial branches modify and amend the words they read at their pleasure and at their will.
______________________________________________________________________________________________________________________________________
“…courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”
“…men…do…what their powers do not authorize, [and] what they forbid.”
_______________________________________________________________________________
“[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
– Alexander Hamilton