Trump's Los Angeles Guard call-up: Ninth Circuit upholds preliminary injunction
The Ninth Circuit affirms a preliminary injunction against Trump's initial Los Angeles Guard federalization. California welcomes the ruling. The president's original order invokes rebellion, while a dissent challenges the court's decision to resolve the appeal.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
The initial order dates to June 2025; the appellate opinion was issued October 23, 2026. Judges Jennifer Sung and Eric Miller form the majority. Bennett would have dismissed the appeal and also challenges the majority's approach to statutory and Tenth Amendment claims.
A separate order retains the initial-federalization appeal, 25-3727, while dismissing the extension appeal, 25-7781. The ruling concerns preliminary relief, not a final trial judgment covering every military deployment. Newsom and Bonta welcome it and condemn Trump's action.
People in this case
Donald TrumpDirectly involved
Gavin NewsomDirectly involved
Rob BontaDirectly involved
Timeline
2 timeline entries on this page. Dates: June 7, 2025 to October 23, 2026
June 2025
Trump issues the Guard federalization memorandum
Source release
The president invokes 10 U.S.C. 12406 to protect federal personnel, functions and property.
[01]Donald Trump
Trump invokes 10 U.S.C. 12406 and describes obstructive protests as a form of rebellion. This is the original order, not a response to the 2026 ruling.
Trump calls National Guard personnel into federal service · Donald TrumpPresidential memorandum, opening justification and call-up paragraphs
October 2026
The Ninth Circuit affirms a preliminary injunction and separates the appeals
The panel affirms the preliminary injunction in the initial-federalization appeal and dismisses the extension appeal. Bennett dissents from deciding the initial appeal and from the merits reasoning.
[02]Ninth Circuit opinion on the initial Los Angeles Guard federalization
The panel affirms preliminary relief concerning the initial federalization. Bennett objects to deciding the appeal and to the majority's legal reasoning.
Ninth Circuit opinion on the initial Los Angeles Guard federalizationAppeal 25-3727, majority and Bennett dissent[03]Ninth Circuit order on dismissal of the Guard appeals
The panel retains the initial appeal and dismisses the extension appeal. Bennett agrees with dismissing the extension appeal and would also dismiss the initial appeal.
Ninth Circuit order on dismissal of the Guard appealsAppeals 25-3727 and 25-7781
Response record
Responses
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3 matching responses. Newest first.
Rob BontaAttorney general of CaliforniaDirectly involvedBefore this statement
His statement welcomes the October 23 appellate ruling.
"a clear example of federal overreach"
CondemnedCase context: Trump's Los Angeles Guard call-up: Ninth Circuit upholds preliminary injunction
Full statement and sources
Bonta condemns the deployment as federal overreach.
After the statement
He says, "we'll fight to hold him accountable".
Bonta and Newsom respond to the October 23 Guard ruling · Rob BontaSeparate Bonta and Newsom quotation blocksWhy this label?
The case concerns Trump's initial federalization of California National Guard troops for Los Angeles. Bonta condemns the deployment as federal overreach.
This label describes the statement's response within the context above.
Gavin NewsomGovernor of CaliforniaDirectly involvedBefore this statement
Newsom responds to the ruling on the federalization of California's National Guard.
"California fought back against this potential power grab"
CondemnedCase context: Trump's Los Angeles Guard call-up: Ninth Circuit upholds preliminary injunction
Full statement and sources
Newsom says California fought back against the federalization and created legal precedent protecting Californians and other Americans.
After the statement
He says the legal precedent protects Californians and other Americans.
Bonta and Newsom respond to the October 23 Guard ruling · Rob BontaSeparate Bonta and Newsom quotation blocksWhy this label?
The case concerns Trump's initial federalization of California National Guard troops for Los Angeles. Newsom condemns Trump's federalization and welcomes the appellate result.
This label describes the statement's response within the context above.
Donald TrumpPresident of the United StatesDirectly involvedBefore this statement
The memorandum cites threats to federal personnel and property.
"To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States."
Defended or excusedCase context: Trump's Los Angeles Guard call-up: Ninth Circuit upholds preliminary injunction
Full statement and sources
Trump argues that protests obstructing federal law justify federal service.
After the statement
The memorandum calls at least 2,000 National Guard personnel into federal service.
Trump calls National Guard personnel into federal service · Donald TrumpPresidential memorandum, opening justification and call-up paragraphsWhy this label?
The case concerns Trump's initial federalization of California National Guard troops for Los Angeles. Trump argues that protests obstructing federal law justify federal service.
This label describes the statement's response within the context above.
Sources
(4)
Original text
Ninth Circuit opinion on the initial Los Angeles Guard federalization
Relevant passage: Appeal 25-3727, majority and Bennett dissent
About this source
The panel affirms preliminary relief concerning the initial federalization. Bennett objects to deciding the appeal and to the majority's legal reasoning.
- Published
- Accessed
Official statement
Bonta and Newsom respond to the October 23 Guard ruling
Relevant passage: Separate Bonta and Newsom quotation blocks
About this source
California's attorney general and governor criticize Trump's federalization and welcome the appellate ruling.
- Published
- Accessed
Original text
Ninth Circuit order on dismissal of the Guard appeals
Relevant passage: Appeals 25-3727 and 25-7781
About this source
The panel retains the initial appeal and dismisses the extension appeal. Bennett agrees with dismissing the extension appeal and would also dismiss the initial appeal.
- Published
- Accessed
Official statement
Trump calls National Guard personnel into federal service
Relevant passage: Presidential memorandum, opening justification and call-up paragraphs
About this source
Trump invokes 10 U.S.C. 12406 and describes obstructive protests as a form of rebellion. This is the original order, not a response to the 2026 ruling.
- Published
- Accessed
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Cite this record
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- The Dispute Index
- Title
- Trump's Los Angeles Guard call-up: Ninth Circuit upholds preliminary injunction
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/trump-newsom-los-angeles-national-guard-federalization
The Dispute Index. "Trump's Los Angeles Guard call-up: Ninth Circuit upholds preliminary injunction". First published: 2026-10-25. Last updated: 2026-10-25. https://disputeindex.com/cases/trump-newsom-los-angeles-national-guard-federalization