Atlanta, GA: On October 23, the U.S. Court of Appeals for the Ninth Circuit ruled that the President exceeded his authority in June 2025 when he called 4,000 members of the California National Guard into federal service over Governor Gavin Newsom’s objection.
The call-up followed protests against federal immigration enforcement operations in Los Angeles. The administration said the troops were needed to protect federal personnel and property. California sued, arguing that none of the conditions Congress set for federalizing a state’s Guard had been met. The district court blocked the call-up. It found that most protesters had demonstrated peacefully, that the violence was sporadic rather than organized, and that local law enforcement had brought the situation under control.
The troops were back under state control by the end of 2025, shortly after the Supreme Court ruled against the administration’s use of the same law to federalize the Illinois National Guard. The administration then asked the Ninth Circuit to let it drop its appeal. The court declined and issued its decision.
Members of The Chamberlain Network, veterans from across the services, joined the amicus brief the organization filed in the case in September 2025. Drawing on their own service, they told the court what this kind of deployment asks of the people in uniform. As the brief put it, “servicemembers join the military to serve their fellow Americans, not to police them.”
The Chamberlain Network welcomes the decision and is proud of the members who put their experience on the record. Congress limited the domestic use of the military for good reason. Outside genuine emergencies, the military should not be used for law enforcement here at home. Those who serve take an oath to the Constitution, not to a person or party.
The Chamberlain Network is especially grateful to Brian Sutherland and Jocelyn Sperling of Complex Appellate Litigation Group, who represented the organization in this matter.
Read the opinion: Newsom v. Trump, No. 25-3727 (9th Cir. Oct. 23, 2026)
Read the order denying the government’s motion to dismiss: Nos. 25-3727 & 25-7781 (9th Cir. Oct. 23, 2026)
Read The Chamberlain Network’s amicus brief: Brief of Amici Curiae The Chamberlain Network and Military Veterans, No. 25-3727 (9th Cir. Sept. 9, 2025)