A federal appeals court on Thursday temporarily blocked a lower court ruling that would have forced President Donald Trump to return control of California’s National Guard to Governor Gavin Newsom.
What Happened: U.S. District Judge Charles Breyer earlier Thursday issued a temporary restraining order requiring Trump to return California National Guard control to Newsom by Friday noon, reported ABC News.
The judge ruled Trump’s deployment of over 2,000 National Guard troops to Los Angeles during immigration protests violated statutory procedures and the Tenth Amendment.
“His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment,” Breyer wrote. The judge found protests over Immigration and Customs Enforcement raids fell “far short” of legal requirements for federal military intervention.
Trump invoked Section 12406 of Title 10, claiming “rebellion or danger of rebellion against the authority of the Government of the United States.” The deployment included 4,000 National Guard troops and 700 Marines following five days of demonstrations.
The Trump administration filed an emergency appeal, calling the order “unprecedented” and an “extraordinary intrusion on the President’s constitutional authority as Commander in Chief.”
Why It Matters: The legal battle represents the most significant federal-state military confrontation since Trump’s return to office. California Attorney General Rob Bonta warned the deployment could violate the 1878 Posse Comitatus Act restricting military involvement in civilian law enforcement.
Newsom emphasized economic implications, stating National Guard troops were removed from critical functions including wildfire preparation, border security, and fentanyl enforcement. ICE operations averaged 2,000 daily arrests, significantly exceeding the 311 daily average under former President Biden.
The case sets a precedent for presidential authority over state National Guard units during civil unrest. Judge Breyer noted the deployment threatens “serious injury to the constitutional balance of power between federal and state governments.”
Protests spread to Boston, Chicago, and Seattle, with the Trump administration vowing intensified immigration enforcement in response to demonstrations. Home Depot Inc. HD faces potential customer traffic impacts as ICE raids targeted stores in Westlake, Whittier, and Huntington Park without prior notification.
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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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