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Trump Scores Huge Court Victory in Fight to Federalize National Guard Troops

President Donald Trump scored a major court victory this week in the battle over control of the California National Guard, and the ramifications could be felt in liberal enclaves around the country.

The California-based 9th Circuit Court of Appeals, with an established reputation as being one of the most liberal in the nation, rejected on Wednesday a review of a ruling by one of its panels that was in favor of Trump over California Gov. Gavin Newsom.

And Trump supporters were celebrating.

As Newsweek reported, the 9th Circuit on Monday turned down a request from one of the circuit’s judges that sought to have the full court hear a case decided in June, when a three-judge panel stayed a restraining order issued against the Trump administration.

That restraining order was issued by District Judge Charles Breyer, an appointee of President Bill Clinton, who ruled that Trump acted unconstitutionally in seizing control of the California Guard to quell disturbances over Immigration and Customs Enforcement raids in Los Angeles.

The panel — two Trump appointees and a judge appointed by Joe Biden — ruled unanimously that Breyer had overstretched and that the Trump administration was likely to prevail in an ongoing fight over control of the Guard.

The full circuit’s refusal to take up the case — over several dissents — means the panel’s decision stands, setting “a precedent that could expand executive power over state-controlled troops during domestic unrest,” Newsweek reported.

Should Trump be given the power to federalize the National Guard anywhere he sees fit?

The conflict arose in June as violence grew in reaction to ICE activity in Los Angeles.

Faced with federal agents being attacked, Trump issued a memorandum invoking federal law and deploying California National Guard units to “protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations.”

Newsom went to court to stop it. But unless he appeals to the Supreme Court, that effort is likely dead.

Newsweek reported that Newsom’s office has not indicated whether it will go to the high court.

The Trump victory was particularly noteworthy because the 9th Circuit has an established reputation as one of the most liberal in the country.

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It also came only days after another panel on the 9th Circuit voted 2-1 to lift a stay issued by another judge that kept Trump from taking control of the National Guard in Oregon, where violence from radical leftists has created conditions Trump has called “war-ravaged.”

The Associated Press reported Tuesday that the panel found “the president was likely to succeed on his claim that he had the authority to federalize the troops based on a determination he was unable to enforce the laws without them.”

The evident legal momentum could also impact other cases where Trump is getting resistance to using the National Guard — such as from Illinois Gov. J.B. Pritzker. It’s an overall issue that’s likely to be only settled by the Supreme Court.

And Trump supporters on social media were juiced:

“President Trump is making America safe again,” one account on the social media platform X put it. “Promises made, promises kept.”

“This is a significant legal setback for Governor @CAgovernor and a clear win for President Trump’s immigration agenda,” another noted.

“This means Guard units can now roll into sanctuary cities like LA and SF to back federal efforts,” wrote another. “The Dems are losing new voters by the bushel!”

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