A three-judge panel at the Ninth Circuit just made permanent an injunction that blocks the enforcement of California's law banning masks on federal agents — basically because a state can't tell a federal agency what to do.
In a 3-0 ruling, the Court of Appeals for the Ninth Circuit has ruled that California's law, SB 627, which was co-authored by state Senator Scott Wiener, likely violates the Supremacy Clause of the Constitution, and runs afoul of Supreme Court precedent that prevents states from prosecuting federal agents acting in the course of their duties.
The law, dubbed the No Vigilantes Act, which took effect in January, bans the wearing of masks by law enforcement officers, in the interest of public safety.
The judges said that the state law "purports to override the federal government’s power to determine whether, how, and when to publicly identify its officers." And they add, "in so doing, it aims to regulate the manner and conditions under which federal agents can enforce federal law."
Despite a challenge by the Trump administration, the law had been allowed to take effect by a federal judge in Los Angeles. But CalMatters notes that it had always faced a likely hurdle in the higher courts.
Writing for the panel, Ninth Circuit Judge Mark J. Bennett writes, "We conclude that ... the No Vigilantes Act attempts to directly regulate the United States in its performance of governmental functions. The Supremacy Clause forbids the State from enforcing such legislation."
The ruling adds, "If a state law directly regulates the conduct of the United States, it is void irrespective of whether the regulated activities are essential to federal functions or operations, and irrespective of the degree to which the state law interferes with federal functions or operations."
Bennett, a Trump appointee, was joined in the opinion by Judge Jacqueline Nguyen, an Obama appointee, and Judge Daniel P. Collins, a Trump appointee.
Pending an appeal to an 11-judge en banc panel, the law will remain blocked.
In a statement to the Chronicle, a spokesperson for Governor Gavin Newsom, Diana Crofts-Pelayo, said, "These laws shouldn’t even be necessary. We shouldn’t have unidentified, masked men terrorizing our communities."
Wiener has yet to offer a comment on the ruling. He celebrated the earlier win in federal court in February, saying, "ICE and Border Patrol are covering their faces to maximize their terror campaign and to insulate themselves from accountability. We won’t let them get away with it."
Top image: A masked Immigration and Customs Enforcement (ICE) agent patrols the halls of immigration court at the Jacob K. Javits Federal Building on January 28, 2026 in New York City. (Photo by Michael M. Santiago/Getty Images)
