Federal Appeals Court Temporarily Halts Judge’s Order on National Guard Deployment in California
The 9th U.S. Circuit Court of Appeals has issued a temporary stay on a federal judge’s directive that required President Donald Trump to relinquish control of National Guard troops deployed to California. This deployment followed protests in Los Angeles triggered by immigration raids. The court announced it would schedule a hearing on the matter for Tuesday.
Initially, U.S. District Judge Charles Breyer ruled that the deployment of the National Guard violated both the Tenth Amendment and exceeded the president’s statutory authority. His order was set to be enforced by noon on Friday, just hours before the appeals court intervened. The ruling was specific to the National Guard and did not include the Marines, who were also deployed but not yet active on the streets.
Additional Troop Deployment in Los Angeles
In the midst of these legal proceedings, Maj. Gen. Scott Sherman, overseeing Task Force 51, announced that 200 Marines would be stationed to safeguard federal properties and personnel in downtown Los Angeles starting at noon on Friday. These Marines will be joined by approximately 2,000 National Guard troops who have been present in the city since protests erupted last week.
Governor Newsom’s Response and Legal Actions
California Governor Gavin Newsom, who had sought an emergency halt to the troops’ involvement in immigration raids, commended the initial ruling by Judge Breyer. “Today was really about a test of democracy, and today we passed the test,” Newsom commented before the appeals court’s decision.
In response, President Trump expressed gratitude towards the appeals court via his Truth Social platform, stating, “If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now.” The White House labeled Breyer’s order as “unprecedented,” arguing it endangered federal officials. White House spokesperson Anna Kelly emphasized that the president acted within his legal bounds, asserting, “The district court has no authority to usurp the President’s authority as Commander in Chief.”
Training and Authority Issues
About 700 Marines have engaged in civil disturbance training at Naval Weapons Station Seal Beach. Typically, governors hold the authority to call up the National Guard, but the president can deploy them under specific conditions. Trump invoked Title 10, which allows federal call-up of the Guard in situations of invasion, rebellion, or when federal laws cannot be enforced.
Judge Breyer, appointed by former President Bill Clinton, argued that the Los Angeles protests do not constitute a rebellion, stating, “The protests in Los Angeles fall far short of ‘rebellion.’” He highlighted the importance of the right to protest as protected by the First Amendment.
Legal and Public Reactions
Governor Newsom pursued legal action against the federal government and filed an emergency motion to prevent the National Guard from assisting in immigration raids. Major General Sherman noted that around 500 Guard members had received training to support agents in immigration operations, while the role of the Marines in such activities remains undetermined.
Judge Breyer’s comprehensive ruling questioned the legality of the Guard’s federal call-up, suggesting that the Trump administration did not properly engage with state governors as required by Title 10. The federal government’s attorney, Brett Shumate, countered that Trump’s actions were within his presidential authority and not subject to judicial review.
Escalation of Protests
The protests in Los Angeles have intensified since the National Guard was called up, with demonstrations spreading to cities like Boston, Chicago, and Seattle. Trump’s description of Los Angeles has been contested by local leaders, including Mayor Karen Bass and Governor Newsom, who argue the portrayal is exaggerated. Despite the unrest, much of the city remains unaffected, with protests concentrated in downtown areas.
