Trump Retains Control of California National Guard After Appeals Court Blocks Return to Governor
U.S.
A federal appeals court temporarily blocked a lower court order requiring President Donald Trump to return control of 4,000 California National Guard troops to Governor Gavin Newsom, maintaining federal control amid ongoing legal disputes.
Background and Court Rulings
U.S. District Judge Charles Breyer had ruled that Trump’s federalization of the California National Guard was “illegal,” asserting that the president exceeded his statutory authority and violated the Tenth Amendment. Breyer ordered that control of the troops be returned to Governor Newsom, but delayed enforcement of this order until 3 p.m. Eastern Time on Friday to allow the Trump administration to appeal.
The administration immediately appealed to the 9th Circuit U.S. Court of Appeals, which granted a temporary stay blocking Breyer’s order from taking effect. The appellate court scheduled a hearing for Tuesday, where a three-judge panel will decide whether to continue the stay or allow Breyer’s ruling to proceed.
Federalization of the Guard and Legal Challenges
Over the previous week, Trump federalized 4,000 California National Guard troops and mobilized approximately 700 U.S. Marines to respond to protests in Los Angeles against federal immigration enforcement. This unprecedented move—invoking a special provision of federal law without the governor’s consent—prompted Governor Newsom and California’s attorney general to sue, challenging the legality of the federal takeover.
During a hearing in San Francisco, Judge Breyer sharply questioned the federal government’s justification, emphasizing the constitutional limits on presidential power. Breyer contrasted the U.S. system with monarchy, citing King George III to highlight the dangers of unchecked executive authority.
In his ruling, Breyer stated, “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.” He found Trump’s actions “illegal” and ordered the immediate return of control of the California National Guard to the state governor.
Breyer underscored that none of the three conditions required for federalizing the Guard—such as invasion, rebellion, or inability of the president to enforce laws—were present. He specifically noted, “The protests in Los Angeles fall far short of ‘rebellion.’”
Constitutional Concerns and Potential Precedents
The judge warned that Trump’s federalization without state consent “alone threatens serious injury to the constitutional balance of power between the federal and state governments” and “sets a dangerous precedent for future domestic military activity.”
Breyer scheduled a further hearing for June 20 to consider whether a more permanent injunction should be imposed, though this hearing’s status is uncertain following the appellate court’s intervention.
Reactions from Trump and Newsom
On Friday morning, President Trump hailed the appeals court’s stay on social media, stating, “The Appeals Court ruled last night that I can use the National Guard to keep our cities, in this case Los Angeles, safe.” He added, “If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now. We saved L.A. Thank you for the Decision!!!”
In contrast, Governor Gavin Newsom praised Breyer’s initial ruling prior to its suspension. His office posted a video on X (formerly Twitter) depicting the destruction of the “Death Star” from Star Wars, symbolizing resistance against authoritarian power.
Newsom declared, “The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets.” He added, “This win is not just for California, but the nation. It’s a check on a man whose authoritarian tendencies are increasing by the day. End the illegal militarization of Los Angeles now, @realDonaldTrump.” He concluded, “History is watching.”