Governor Newsom on court's final decision holding President Trump accountable for illegal federalization of the California National Guard

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Oct 23, 2026

Governor Newsom on court's final decision holding President Trump accountable for illegal federalization of the California National Guard

"California continues to stand as the first line of defense against Donald Trump's authoritarianism"

What you need to know: The Ninth Circuit Court of Appeals ruled in favor of Governor Gavin Newsom and the State of California in the lawsuit filed by Attorney General Rob Bonta, on behalf of the Governor and the state, against President Trump for his federalization and deployment of the California National Guard last year in Los Angeles – creating an essential new legal precedent.

SACRAMENTO — Governor Gavin Newsom released the following statement in response to today's decision of the United States Court of Appeals for the Ninth Circuit's ruling that President Trump's federalization and deployment of the California National Guard was an abuse of his authority and a "violation of the constitutional separation of powers."

Today is a crucial day for the rule of law, upholding the Constitution, and defending democracy. Yet another court has issued a complete rejection of Donald's Trump illegal, authoritarian takeover of our state's National Guard. California fought back against this potential power grab, and in doing so created essential legal precedent that not only protects Californians but all Americans. California continues to stand as a first line of defense against Donald Trump's authoritarianism.

Governor Gavin Newsom

"Once again, the courts have rejected the Trump Administration's attempts to circumvent the law for his own political agenda," said Attorney General Bonta. "Deploying the National Guard in Los Angeles with no rhyme or reason was a clear example of federal overreach, and it will not be tolerated. When the President tramples on the Constitution and the rights of Californians, we'll fight to hold him accountable — and we will win."

The decision builds on precedent set by the U.S. Supreme Court last December holding that President Trump's federalization of the Illinois National Guard was illegal. That opinion rejected one argument the President had raised for federalization; today's decision in California's case also rejects the President's made-up assertion that there was a "rebellion" in Los Angeles that warranted federalizing the Guard, which the court held was not "a colorable assessment within a 'range of honest judgment.'"

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Today's rejection of Trump's "rebellion" claim is a critical safeguard ahead of next month's elections: Donald Trump is on notice that the courts will swat down any false claims of emergencies and rebellions to militarize our communities, intimidate citizens, and engage in authoritarian tactics.

The fight for upholding the Constitution

In June 2025, following President Trump's call to arrest Governor Gavin Newsom, Attorney General Rob Bonta filed a lawsuit on behalf of Governor Gavin Newsom against the Trump administration to end the illegal and unnecessary takeover of a CalGuard unit, which needlessly escalated chaos and violence in the Los Angeles region.

Under the California Constitution, Governor Newsom is the Commander-in-Chief of the California National Guard. In the lawsuit, Governor Newsom and Attorney General Bonta explained that the federal government overstepped its legal authority and bypassed the Governor's approval to take over a unit of CalGuard, in a situation where federal government intervention was not needed and did not meet the necessary criteria for federalization. The "unrest" in Los Angeles was nowhere close to rising to the level of a "rebellion" beyond the capacity of local and state authorities to control, nor was it different in kind from other similar situations in recent years that were brought under control by local authorities with no need for military intervention.

Reminder to Californians

With increased reports of federal immigration agents in some communities across California, Governor Newsom has urged Californians to know their rights, stay safe and remain informed.

If you believe you have witnessed potentially unlawful conduct by a federal agent, report it. California has an online portal where Californians can submit information, photographs, and video: www.oag.ca.gov/reportmisconduct. If you believe a crime is occurring or someone is in immediate danger, call 911.

Learn more about the lawsuit filed last year here

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