Fact Check: Ninth Circuit Unanimously Keeps National Guard Under Federal Control
What We Know
The claim that the Ninth Circuit unanimously keeps the National Guard under federal control stems from a recent ruling by the U.S. Court of Appeals for the Ninth Circuit. On June 19, 2025, the court blocked a lower court's decision that would have returned the California National Guard to Governor Gavin Newsom's control. This ruling came after President Donald Trump had federalized the California National Guard, citing 10 U.S.C. § 12406, which allows the president to call state National Guard units into federal service under certain conditions, such as to suppress rebellion or enforce federal law (source-2, source-3).
The Ninth Circuit's ruling is temporary, and a hearing on the matter is scheduled for June 25, 2025 (source-3). The court's decision effectively extends the federal control of the National Guard until further notice.
Analysis
The claim that the Ninth Circuit unanimously keeps the National Guard under federal control is partially true. While the court did block the lower court's ruling, it is important to note that the decision was not based on a final judgment regarding the legality of the federalization itself but rather a temporary stay pending further hearings. The Ninth Circuit's ruling does not definitively resolve the issue of control over the National Guard; it merely maintains the status quo while the case is reviewed (source-2, source-8).
The sources reporting on this event, including Reuters and Jurist, are generally reliable, as they are established news organizations that adhere to journalistic standards. However, the interpretation of the court's ruling can vary, and it is crucial to understand that the Ninth Circuit's decision is not a final ruling on the merits of the case, but rather a procedural step that allows federal control to continue temporarily (source-3, source-6).
Conclusion
The verdict on the claim that the Ninth Circuit unanimously keeps the National Guard under federal control is Partially True. The Ninth Circuit has indeed blocked the lower court's ruling that would have returned control to the state, thereby maintaining federal control for now. However, this is a temporary measure pending further hearings, and the ultimate decision on the legality of the federalization remains unresolved.
