Appeals court blocks ruling requiring Trump to hand National Guard back to California
The Brief
An appeals court has blocked a federal judge's ruling requiring Donald Trump to return control of the National Guard to the state of California.
San Francisco judge Charles Breyer made the initial ruling Thursday, calling Trump's deployment of the National Guard unconstitutional.
Another hearing in the case is scheduled for June 17.
LOS ANGELES - Hours after a federal judge ruled President Donald Trump's deployment of the California National Guard in Los Angeles was unconstitutional, an appeals court temporarily blocked the ruling Thursday night.
National Guard troops have been in Los Angeles for a week after anti-ICE protests. Another hearing on the issue is scheduled for next week.
What we know
San Francisco federal judge Charles Breyer made the initial ruling on Thursday, June 12. In his ruling, Breyer said that Trump overstepped his power and violated the Tenth Amendment by calling in the National Guard without Newsom's consent. The order required Trump to hand control of the troops back to Newsom by noon on Friday, June 13.
The 9th U.S. Circuit Court of Appeals temporarily blocked Breyer's order on Thursday night.
Dig deeper
Below is part of Breyer's ruling:
"On June 6, 2025, the federal government initiated immigration raids across the City of Los Angeles. Protests swiftly followed, and some individuals involved in those protests were unruly and even violent. State and local law enforcement responded.
The following day, President Trump ordered that members of the California National Guard be federalized, and thereupon assumed control of those forces.
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 must therefore return control of the California National Guard to the Governor of the State of California forthwith."
Prior to Thursday night's ruling, Trump took to Truth Social to blast Newsom for his handling of the weeklong anti-ICE protests:
"Incompetent Gavin Newscum should have been THANKING me for the job we did in Los Angeles, rather than making sad excuses for the poor job he has done. If it weren't for me getting the National Guard into Los Angeles, it would be burning to the ground right now!"
What they're saying
Newsom praised Breyer's ruling, saying that the case was "a test of democracy, and today we passed the test."
The other side
The White House had called Breyer's order "unprecedented" and said it "puts our brave federal officials in danger."
What's next
The appeals court has set another hearing for June 17.
The Source
This report used court documents obtained by FOX 11 and information from the Associated Press.
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