Federal appeals court blocks California law requiring federal agents to wear identification

A three-judge panel of the 9th U.S. Circuit Court of Appeals issued an injunction pending appeal Wednesday. It had already granted a temporary administrative injunction to block the implementation of the law.

At a hearing March 3, Justice Department lawyers argued that the California law sought to regulate the federal government, violating the Supremacy Clause of the Constitution.

The appeals court agreed unanimously, saying the law “attempts to directly regulate the United States in its performance of governmental functions,” in an opinion written by Judge Mark J. Bennett. The panel was composed of two Trump appointees, Bennett and Daniel P. Collins, and Obama appointee Jacqueline H. Nguyen.

California lawyers argued that the law applied equally to all law enforcement officers without discriminating against the U.S. government, and that states could apply “generally applicable” laws federal agents. They also argued that the law was important to address public safety concerns.

People are more likely to attack officers in self-defense if there's no visible identification letting the public know they are law enforcement, California lawyers said in a brief opposing the injunction.

“This confusion has resulted in federal law enforcement officials being mistaken for criminals and vice versa, creating serious risk of harm to peace officers and members of the public,” they wrote.

The appeals court judges said they did not consider the public safety factors because the federal government has demonstrate its constitutional rights would be violated by the legislation, and “all citizens have a stake in upholding the Constitution,” it ruled, quoting previous case law.

First Assistant U.S. Attorney Bill Essayli called it a “huge legal victory” in a post on X.

The California Attorney General's office did not immediately respond to a request for comment.

The initial lawsuit also addressed another California measure signed into law last year that would have banned most law enforcement officers from wearing masks, neck gaiters, and other facial coverings. It was blocked by a federal judge in February.

The legislation did not apply to state law enforcement and made exceptions for undercover agents, protective equipment like N95 respirators or tactical gear, and other situations where not wearing a mask would jeopardize the operation.