Appeals Court Pauses Ruling Against Trump's National Guard Deployment In LA

Forbes

18 hours ago

An appellate court on Thursday temporarily blocked a federal judge's order directing President Donald Trump to return control of the California National Guard troops deployed in Los Angeles back to the state's Governor Gavin Newsom, pausing the ruling against Trump's controversial decision to deploy active duty military personnel to quell protests against his immigration crackdown.
National Guard troops were deployed to Los Angeles this week. (Photo by)
On Thursday, U.S. District Judge Charles Breyer said in a filing Trump must 'return control of the California National Guard to the Governor of the State of California forthwith.'
The 9th U.S. Circuit Court of Appeals blocked the ruling late on Thursday after an appeal by the Trump administration.
In his ruling Breyer said Trump's deployment of the National Guard, which was done without Newsom's approval, was illegal, 'exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.'
Newsom called Breyer's ruling a win for the U.S., saying it is 'a check on a man whose authoritarian tendencies are increasing by the day,' and demanded that Trump comply with Breyer's order.
Breyer's order was set to go into effect at 3 p.m. EDT on Friday, but the appellate court's decision means the troops in Los Angeles will remain under the president's control.
Breyer's now paused order, however, only applied to California National Guard forces and not the group U.S. Marines, who have also been sent to Los Angeles by the Trump administration.
Get Forbes Breaking News Text Alerts: We're launching text message alerts so you'll always know the biggest stories shaping the day's headlines. Text 'Alerts' to [phone] or sign up here.
Earlier on Thursday, Breyer said it did not appear Trump issued his National Guard order through Newsom, which is a requirement when the president seeks to deploy the troops in a given state. The judge also said he was trying to understand 'how something is 'through' somebody if in fact you didn't give it to him,' adding, 'It would be the first time I've ever seen something going 'through' somebody if it never went to them directly,' Politico reported. Breyer also scrutinized Trump's justification that the protests posed a danger of rebellion, deploying troops through a law that gives the president the power to do so in instances of 'a rebellion or danger of a rebellion.' The judge disagreed with Trump's defense that a claim of potential rebellion is not reviewable by courts, according to Politico, adding, 'That's the difference between a Constitutional government and King George. It's not that a leader can simply say something and it becomes it.'
Immigration protests in Los Angeles began last week in response to Immigration and Customs Enforcement raids conducted at retail spaces, graduations and courthouses in the city, as well as Trump's larger immigration policies. The same night protests began, the Trump administration began weighing the deployment of the National Guard to Los Angeles. Protests continued into the week and federal troops were deployed, eventually reaching a point where National Guard members were briefly detaining protesters before handing them off to local law enforcement for arrest. Newsom has sharply blasted the use of the National Guard, accusing Trump of 'putting fuel on the fire' and taking the president to court over the decision. The governor has claimed his authority was infringed upon with the deployment of the National Guard and the Marines, though the latter force has yet to participate in operations within Los Angeles.
Los Angeles Protests: National Guard Has Detained Some Protesters (Forbes)
Sen. Alex Padilla Forcibly Removed From Kristi Noem's Press Conference In Los Angeles (Forbes)