The U.S. Court of Appeals for the Ninth Circuit has denied California’s request for an en banc rehearing in Newsom v. Trump, effectively preserving an earlier panel ruling that allowed President Donald Trump to retain federal control over California National Guard troops.
The short order from the court confirmed that a majority of eligible judges did not support a full-court review, thereby concluding the state’s challenge under docket No. 25-3727.
The decision upholds the Ninth Circuit panel’s June 19 ruling by Judges Mark J. Bennett, Eric D. Miller, and Jennifer Sung, which stayed a lower court order and found Trump’s federalization of the Guard likely consistent with federal law. Continue reading…