The U.S. 9th Circuit Court of Appeals on October 23 affirmed a district court order blocking President Donald Trump's June 2025 federalization of 4,000 California National Guard troops for Los Angeles, ruling 2-1 that neither statute the administration relied on covered it. Sung's opinion, filed October 23, says the order "exceeded the President's statutory authority and encroached on Congress's calling forth power," which made it "ultra vires and unconstitutional."
California National Guard members and Marines hold back demonstrators during a protest June 14, 2025, in Los Angeles.Sung, a Biden appointee, was joined by Judge Eric Miller, a Trump appointee, who wrote separately only to say the government forfeited its argument that no cause of action exists. Judge Mark Bennett, also a Trump nominee, dissented. Military.com reported that the Justice Department did not respond to its request for comment.
The panel's own June 2025 stay order had found Trump likely acted within 10 U.S.C. ยง 12406(3), which lets a president federalize the Guard when he is "unable with the regular forces to execute the laws." That changed after the Supreme Court's December ruling in Trump v. Illinois, decided over dissents from Justices Samuel Alito, Clarence Thomas and Neil Gorsuch. Under that ruling, a president must first show he has authorit
