Retired Justice Stephen Breyer's brother assigned to Newsom National Guard lawsuit
The brother of retired liberal Justice Stephen Breyer was assigned Tuesday to preside over the lawsuit that Democratic Gov. Gavin Newsom brought against the Trump administration in California this week.
Judge Charles Breyer, an appointee of former President Bill Clinton, is set to oversee the case, which alleges President Donald Trump deprived California of its sovereignty by federalizing thousands of National Guard soldiers in response to anti-immigration enforcement protests and riots in Los Angeles County.
Breyer is the younger brother of Stephen Breyer, who was appointed by Clinton to the high court and served on the bench for nearly three decades beginning in 1994. Stephen Breyer's retirement led to former President Joe Biden replacing him with Justice Ketanji Brown Jackson.
Charles Breyer, who serves on the federal bench in the Northern District of California, will oversee a lawsuit that pits Newsom, one of the country's most prominent Democrats and a possible 2028 presidential contender, against Trump.
Newsom alleged in the lawsuit that Trump made an "unprecedented power grab" by mobilizing the National Guard in his state, a highly unusual move for a president to do without the consent of the governor.
Trump has said the move was necessary to protect ICE personnel and federal buildings as some protesters engaged in unlawful assembly and pelted law enforcement with concrete bottles and other hard objects.
After the National Guard proclamation, more unrest broke out in parts of the county involving rioters setting fire to several self-driving cars and looting some stores. Newsom alleged Trump's decision to send in the military spurred more chaos.
Federal court cases in the Northern District of California are assigned by the Clerk of the Court "blindly and at random" through an automated system, according to the court's website.
Fox News Digital reached out to Charles Breyer's chambers for comment on his assignment.
The news of Charles Breyer presiding over the case comes as some Republicans have floated the theory that Judge James Boasberg in Washington, D.C., secretly took on Trump cases to sabotage them in favor of plaintiffs.
Boasberg directly addressed the claims during a court hearing, saying his assignments, like most others in the court, were randomly assigned by a computer.
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