A U.S. District Judge, Charles Breyer, has temporarily halted the Trump administration’s deployment of the National Guard in Los Angeles, ruling that the federal government lacks the authority to nationalize California’s National Guard. The decision came after a challenge from California’s Attorney General, Rob Bonta, who argued that the administration did not properly follow the necessary statutory procedures for the federalization process. Breyer’s ruling emphasized that the federal government exceeded its authority by failing to notify Governor Gavin Newsom, as required by law, and deemed the actions illegal, violating both statutory and constitutional principles.
Breyer ordered the immediate return of control of the California National Guard to Governor Newsom. During the court hearing, the federal government’s legal representative claimed compliance with the statutory requirements but later suggested that the issue was not open to judicial review. In response, the Trump administration has appealed the ruling to the Ninth Circuit Court of Appeals, requesting a stay on Breyer’s order, which mandates that the National Guard return to state control by 3 PM ET Friday.
The Department of Justice expressed that the judge’s ruling is a significant infringement on the President’s constitutional powers as Commander in Chief, arguing it improperly interferes with military judgments. They contend that historical precedent supports the notion that such military decisions should rest with the President, not state governors or federal courts. Notably, Breyer’s order does not affect the deployment of 700 Marines in Los Angeles, as he acknowledged the state’s lack of authority over the Marine Corps.
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