Trump’s National Guard deployment just got shut down by a judge who says it violated California’s authority
A federal appeals court on Thursday night temporarily blocked a lower court ruling that would have forced President Donald Trump to return authority over 4,000 California National Guard troops to Governor Gavin Newsom, after Trump federalized them in response to Los Angeles protests.
The original ruling came from U.S. District Judge Charles Breyer, who declared Trump’s move “illegal,” but delayed its enforcement until 3 p.m. ET Friday to allow time for an appeal. The Trump administration immediately acted, requesting the 9th Circuit Court of Appeals to halt Breyer’s order.
The appellate court granted that request temporarily and set a hearing for Tuesday, when a three-judge panel will weigh whether to maintain the stay or let Breyer’s decision take effect.
Trump had federalized the 4,000 California Guard troops and sent around 700 U.S. Marines to Los Angeles to confront unrest following protests against federal immigration operations in the city. Newsom, along with the state’s attorney general, filed suit to reverse what they called an unprecedented federal action — the first time a president has seized control of a state’s National Guard without its governor’s consent.
Breyer’s order followed a tense hearing in San Francisco where he questioned the federal government’s justification and authority. At one point, Breyer remarked, “We live in response to a monarchy,” reminding the courtroom that America’s government isn’t modeled on the unchecked power of King George III.
In his ruling, Breyer wrote: “At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not.”
“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” he wrote. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Under the federal statute used by Trump, three conditions must be met: an invasion or threat of invasion; a rebellion against federal authority; or an inability by the president to enforce federal laws. Breyer ruled none applied. “The protests in Los Angeles fall far short of ‘rebellion,’” he stated.
Breyer added that Trump’s decision “alone threatens serious injury to the constitutional balance of power between the federal and state governments.” He warned, “And it sets a dangerous precedent for future domestic military activity.”
The judge scheduled a follow-up hearing for June 20 to decide whether to impose a longer-lasting injunction against the federal takeover. However, that proceeding may be impacted by the appeals court’s intervention.
Governor Newsom welcomed the court’s decision. His office posted a video on social media of the “Death Star” from Star Wars exploding, referencing the fictional Empire’s downfall. Newsom himself wrote on X: “The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets.”
“This win is not just for California, but the nation,” he added. “It’s a check on a man whose authoritarian tendencies are increasing by the day. End the illegal militarization of Los Angeles now, @realDonaldTrump.”
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