The appeals court issued its decision several hours after U.S. District Court Judge Charles Breyer tore into the Trump administration’s use of the National Guard in quelling immigration-related protests.
An appeals court has blocked a federal judge’s order directing President Donald Trump to cede control of the California National Guard and return its command to state Gov. Gavin Newsom.
According to The Associated Press, the U.S. Court of Appeals for the Ninth Circuit said that it will hold a hearing on the matter this coming Tuesday. The appeals court issued its decision several hours after U.S. District Court Judge Charles Breyer tore into the Trump administration’s use of the National Guard in quelling immigration-related protests.
“It’s not that a leader can simply say something and then it becomes it,” Breyer wrote. “It’s a question of is a leader, a president or the governor, following the law as set forth in both the Constitution and statutes. That’s what a president, a governor or any leader must act under. Otherwise, they become something other than a constitutional officer.”
Breyer’s ruling broadly emphasized that the deployment of the National Guard in Los Angeles is illegal and likely in violation of the Tenth Amendment to the U.S. Constitution, which states that certain powers not already codified in federal law are reserved solely for individual states.
California Gov. Gavin Newsom has repeatedly lambasted the Trump administration’s incursion, and has asked the courts to issue an emergency order prohibiting the continued use of National Guard troops.
“Today was really about a test of democracy, and today we passed the test,” Newsom said shortly before the appeals court issued its decision.
Trump has since taken to social media to thank the appeals court for granting him a rare victory.
“If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now,” Trump wrote in a Truth Social post.
The White House had earlier called Judge Breyer’s order “unprecedented,” potentially putting “brave federal officials in danger.”
“The district court has no authority to usurp the President’s authority as Commander-in-Chief,” White House spokesperson Anna Kelly said. “The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles. The Trump Administration will immediately appeal this abuse of power and looks forward to ultimate victory on the issue.”
Although the authority to activate the National Guard typically lies with state governors, Trump defended his decision by citing Title 10 of the U.S. Code., which allows the president to summon state reserves when unable to deploy “regular forces to execute the laws of the United States.”
Title 10 can also be invoked if the U.S. is facing an imminent rebellion, insurrection, or invasion by a foreign power.
In his ruling, Breyer castigated the Trump administration for trying to posit immigration-related protests and riots as “rebellion.”
“The protests in Los Angeles fall far short of ‘rebellion,’” Breyer wrote. “Individuals’ right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone.”
Sources
Appeals court temporarily blocks judge’s ruling to return control of National Guard to California
Appeals court pauses ruling requiring Trump to return control of California National Guard to state
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