Newsom v. Trump

Newsom v. Trump
CourtUnited States District Court for the Northern District of California
Full case name Gavin Newsom, et al. v. Donald J. Trump, et al.
Docket nos.3:25-cv-04870-CRB
25-3727
Case history
Prior actionMotion for temporary restraining order filed June 10, 2025; TRO granted June 12, 2025
Subsequent actionStay extended by the United States Court of Appeals for the Ninth Circuit
Questions presented
Whether the President may federalize and deploy the National Guard to Los Angeles under 10 U.S.C. § 12406
Court membership
Judge sittingCharles R. Breyer

Newsom v. Trump is a pending lawsuit by California seeking relief against the second Trump administration for the administration's federalization and deployment of the California National Guard as part of the June 2025 Los Angeles protests.[1]

The lawsuit was brought in the United States District Court for the Northern District of California on June 9, 2025, at first requesting immediate relief, which was denied by district judge Charles Breyer the next day.[2] On June 12, Breyer ruled against the Trump administration, which promptly appealed to the United States Court of Appeals for the Ninth Circuit, being granted a stay of that ruling.[3] On June 17, an appellate panel of the Ninth Circuit held a hearing for the case.[4] On June 19, the appellate panel of the Ninth Circuit extended the stay granted on June 12.[5]

Background

See also: June 2025 Los Angeles protests

Protests and response

During both his 2016 and 2024 presidential campaigns, Donald Trump pledged to increase federal immigration and nationality law enforcement activity.[6][7] On November 19, 2024, following the presidential reelection of Trump to a non-consecutive second term, Los Angeles adopted a sanctuary city policy to limit local law enforcement assistance to such federal activity.[8] In May 2025, the Trump administration announced an immigration enforcement strategy focused on workplaces.[9]

On the evening of June 6, 2025, protests began in downtown Los Angeles against workplace raids conducted that day by United States Immigration and Customs Enforcement, alongside other federal law enforcement agencies.[10] Protests "remained peaceful" and continued into the next day, with local authorities declaring an unlawful assembly for a nighttime disturbance near the federal Metropolitan Detention Center.[11] Also that night, President Trump invoked 10 U.S.C. § 12406 to federalize part of the California National Guard to protect federal property and personnel in Los Angeles.[12]

On June 9, 2025 California Governor Gavin Newsom sued the Trump administration and sought relief against the federalization of the California National Guard to Los Angeles beginning June 7.[13]

Litigation history

District Court

The suit was brought on June 9, 2025, in the United States District Court for the Northern District of California, where it was assigned to Charles Breyer, the brother of former United States Supreme Court Justice Stephen Breyer.[14] State Attorney General Rob Bonta represented California and sought emergency relief.[15] California argued that the Trump administration memorandum concerning the partial federalization of the California National Guard under 10 U.S.C. § 12406 was invalid for not following the proper procedure of issuance through the governor and that even if procedure was followed, the memorandum was issued over a "manufactured crisis."[16] Judge Breyer denied the June 9 request for emergency relief to give the Trump administration time to respond.[2]

The Trump administration argued in response that the proper procedure was followed and that the precise grounds for issuing the memorandum were an unreviewable matter "committed to the President's discretion."[17] In a hearing on June 12, Breyer sharply disagreed with the Trump administration's arguments that the memorandum's issuance was an unreviewable discretionary action or that the memorandum had been properly issued, stating: 'I'm trying to figure out how something can be ‘through’ somebody if, in fact, you didn't give it to him.'"[18] Later that same day, Breyer ruled in favor of California and granted temporary relief, but that ruling was stayed hours later when the Trump administration appealed to the United States Court of Appeals for the Ninth Circuit.[19]

Court of Appeals

After staying Breyer’s ruling, a three-judge panel of the United States Court of Appeals for the Ninth Circuit, composed of Circuit Judges Mark J. Bennett, Eric D. Miller, and Jennifer Sung, scheduled an expedited hearing for June 17, considering whether to extend the stay further.[20] In that hearing, California emphasized alleged harm to the state from the federalization of California National Guard members, while the Trump administration reasserted its earlier arguments that the federalization was a discretionary action and not subject to judicial review.[21] On June 19, in a unanimous per curiam decision, the three-judge panel extended the stay, disagreeing with the Trump administration's argument that issuing the memorandum was a discretionary action, and instead held that the standard of review was "highly deferential" and that "it is likely that the President lawfully exercised his statutory authority."[22][23]

Reactions

Public opinion polling

Three national polls conducted between June 10–12 showed divided public opinion on the deployment:

Public opinion on the Los Angeles deployment
Pollster Field dates Sample† Support/Approve Oppose/Disapprove Ref.
Reuters/Ipsos June 11–12, 2025 1,136 (online) 48% 41% [24]
Washington Post–Schar School June 10, 2025 1,015 (SMS) 41% 44% [25]
YouGov/Economist June 10, 2025 4,309 (online) 34% 47% [26]

† U.S. adults nationwide; survey methodology in parentheses. Totals may not equal 100% due to undecided respondents and rounding.

The polling data revealed significant differences in opinion based on party affiliation and geography. Republican support for the deployment ranged from 68% to 86% across surveys, while Democratic support remained at 13% or below in all polls. The Reuters/Ipsos survey found that 35% of respondents approved of Trump's handling of the Los Angeles situation, while 50% disapproved.[24]

Regional differences were also apparent in the polling results. The Washington Post–Schar School poll found that California residents opposed the deployment 58%–32%, a larger margin of opposition than recorded nationally.[25] Independent voters showed net opposition to the deployment across the three surveys, with opposition margins of approximately 15 percentage points.

See also

References

  1. ^ "'We will not let this stand': Newsom sues Trump alleging 'unlawful' deployment of National Guard". KXTV. June 9, 2025. Retrieved June 19, 2025.
  2. ^ a b Rubin, April (June 10, 2025). "Judge rejects Newsom's request to immediately intervene against Trump". Axios. Retrieved June 19, 2025.
  3. ^ "Appeals court lets Trump keep National Guard in Los Angeles". POLITICO. June 12, 2025. Retrieved June 19, 2025.
  4. ^ Collins, Terry. "Appeals court questions judges' ability to review Trump's LA National Guard deployment". USA TODAY. Retrieved June 19, 2025.
  5. ^ "Appeals court lets Trump keep control of National Guard troops deployment in LA". ABC7 Los Angeles. June 20, 2025. Retrieved June 20, 2025.
  6. ^ Chappell, Bill (November 13, 2016). "Donald Trump Says He'll Deport 2-3 Million People Once In Office". NPR. Retrieved June 19, 2025.
  7. ^ Savage, Charlie; Haberman, Maggie; Swan, Jonathan (November 11, 2023). "Sweeping Raids, Giant Camps and Mass Deportations: Inside Trump's 2025 Immigration Plans". The New York Times. ISSN 0362-4331. Retrieved June 19, 2025.
  8. ^ "L.A. to become a 'sanctuary' city for migrants in response to Trump threat". KTLA. Archived from the original on June 8, 2025. Retrieved June 19, 2025.
  9. ^ DePillis, Lydia; Londoño, Ernesto (June 7, 2025). "Trump Targets Workplaces as Immigration Crackdown Widens". The New York Times. ISSN 0362-4331. Retrieved June 19, 2025.
  10. ^ Mayorquín, Orlando; Jiménez, Jesus (June 6, 2025). "Agents Use Military-Style Force Against Protesters at L.A. Immigration Raid". The New York Times. ISSN 0362-4331. Retrieved June 19, 2025.
  11. ^ "Trump deploys National Guard in L.A. amid protests over immigration raids". NBC News. June 8, 2025. Retrieved June 19, 2025.
  12. ^ Hubler, Shawn; Rosenhall, Laurel (June 8, 2025). "Trump Is Calling Up National Guard Troops Under a Rarely Used Law". The New York Times. ISSN 0362-4331. Retrieved June 19, 2025.
  13. ^ "California sues Trump for deploying National Guard to LA ICE protests". The Independent. June 9, 2025. Retrieved June 19, 2025.
  14. ^ "US Judge to Weigh Limiting Military Troops in LA on Thursday". June 10, 2025. Archived from the original on June 12, 2025. Retrieved June 19, 2025.
  15. ^ Breuninger, Kevin (June 10, 2025). "California asks judge to quickly block Trump troop deployments to LA". CNBC. Retrieved June 19, 2025.
  16. ^ Guzman, Chad (June 9, 2025). "Gavin Newsom Says Trump 'Manufactured' Crisis in Los Angeles". TIME. Retrieved June 19, 2025.
  17. ^ Savage, Charlie (June 12, 2025). "Federal Judge Will Hear Arguments Over Troop Deployment in California". The New York Times. ISSN 0362-4331. Retrieved June 19, 2025.
  18. ^ "Judge sharply questions Trump's Guard deployment to Los Angeles". POLITICO. June 12, 2025. Retrieved June 19, 2025.
  19. ^ "Appeals Court Pauses Ruling For Trump To Return Control Of National Guard To California". HuffPost. June 13, 2025. Retrieved June 19, 2025.
  20. ^ Zinshteyn, Mikhail. "Can Trump keep troops in LA? Gavin Newsom's case goes to appeals court today". USA TODAY. Retrieved June 19, 2025.
  21. ^ Simons, Matt (June 17, 2025). "Trump tells Ninth Circuit his National Guard decisions are 'unreviewable' by courts". Court House News. Retrieved June 19, 2025.
  22. ^ Schonfeld, Zach (June 19, 2025). "Appeals court allows Trump to keep National Guard deployed, for now". The Hill. Retrieved June 19, 2025.
  23. ^ Kendall, Jess Bravin and Brent. "Appeals Court Lets Trump Keep Control of California National Guard Troops in L.A." WSJ.
  24. ^ a b Lange, Jason (June 12, 2025). "Americans split on Trump's use of military in immigration protests, Reuters/Ipsos poll finds". Reuters. Retrieved June 13, 2025.
  25. ^ a b "Americans divided on troop deployment to Los Angeles, poll finds". The Washington Post. June 11, 2025. Retrieved June 13, 2025.
  26. ^ "Do you approve or disapprove of deploying Marines to the Los Angeles area to respond to protests?". YouGov. June 10, 2025. Retrieved June 13, 2025.
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