Overview
- In a filing to the Ninth Circuit, the Justice Department said it does not oppose lifting the partial administrative stay and withdrew its request for a stay pending appeal.
- The move clears the way for U.S. District Judge Charles R. Breyer’s order to take effect, which held the president’s federalization of the California National Guard unlawful and directed a return of command to Gov. Gavin Newsom.
- Newsom’s office said the appeals court could act as soon as Wednesday, after which remaining federalized personnel would revert to state control.
- Court records indicate roughly 300 California Guard members remain under federal authority, including about 100 who were active in Los Angeles earlier this month.
- The filing followed a Supreme Court ruling in a related case that undercut the administration’s legal theory, while similar challenges in Oregon and Illinois continue to work through the courts.