Ninth Circuit Judge Seeks Rehearing of L.A. National Guard Case

A judge for the US Court of Appeals for the Ninth Circuit requested the full court vote on whether to rehear California’s lawsuit over the Trump administration’s deployment of National Guard to Los Angeles before an 11-judge panel.

A notice by the court’s clerk Friday didn’t identify which judge has sought to rehearing before a larger panel, known as en banc, and said both parties must file briefs on the matter within seven days.

A three-judge panel for the San Francisco-based appeals court, composed of two appointees of President Donald Trump and one of former President Joe Biden, had previously paused a trial court’s restraining order requiring Trump pull back National Guard troops in response to L.A. protests over immigration raids. Judges Mark Bennett, Eric D. Miller, and Jennifer Sung are on the panel.

The panel is expected to rule soon on whether to grant the Trump administration’s emergency motion to pause the trial court’s order through the remainder of the case.

California Governor Gavin Newsom (D) sued Trump in June after the administration mobilized thousands of the state’s National Guard and US Marines to confront protesters. Newsom’s suit said Trump exceeded the bounds of his authority and sought an “unprecedented powergrab” in federalizing the National Guard. US District Judge Charles R. Breyer issued a temporary restraining order, which was paused hours later by the appeals court.

The Ninth Circuit, the largest of the federal appeals courts covering much of the western US, has had a historically liberal tilt but has become more conservative after gaining a number of Trump appointments in his first term. Thirteen of the Ninth Circuit’s 29 judges were appointed by Republican presidents.

The case is Newsom v. Trump, 9th Cir., No. 25-3727, 7/11/25.