SAN FRANCISCO (AP) — The 9th U.S. Circuit Court of Appeals intervened on Thursday, issuing a temporary block to a federal judge’s order that sought to compel President Donald Trump to relinquish control of National Guard troops deployed in California amidst protests in Los Angeles concerning immigration raids.
This appellate court decision arrived just hours before a federal judge’s ruling was set to take effect at noon on Friday.
Earlier in the day, U.S. District Judge Charles Breyer deemed the deployment of the Guard as illegal, asserting that it contravened the Tenth Amendment and exceeded the statutory powers granted to Trump.
Notably, this ruling exclusively impacted the National Guard, leaving out the Marines who were also sent to assist during the Los Angeles protests.
In a news conference, California Governor Gavin Newsom, who had appealed to the judge for an urgent halt to the troops’ involvement in immigration enforcement, lauded the ruling prior to the appeals court decision.
“Today was really about a test of democracy, and today we passed the test,” Newsom stated.
The White House response characterized Judge Breyer’s order as “unprecedented,” claiming it endangered federal personnel.
White House spokesperson Anna Kelly asserted, “The district court has no authority to usurp the President’s authority as Commander in Chief.
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.”
Governor Newsom’s legal challenges were focused exclusively on the National Guard. When the state attorney queried whether the ruling might extend to the Marines, Breyer stated he wouldn’t address that matter since they were not yet deployed on the streets.
Meanwhile, approximately 700 Marines have been engaged in civil disturbance training at the Naval Weapons Station Seal Beach located in Orange County, California.
State attorney Nicholas Green informed the court that within the next 24 hours, 140 Marines would be arriving to substitute the National Guard members in Los Angeles.
Traditionally, the authority to deploy the National Guard resides with state governors; however, the president can do so under certain restricted conditions.
President Trump invoked an authority called Title 10 to federalize members of the California National Guard.
Title 10 permits the president to mobilize the National Guard only under specific scenarios, such as an invasion, rebellion, or when the president cannot execute federal laws.
Judge Breyer noted that the situation in Los Angeles did not fulfill the criteria for a rebellion.
“The protests in Los Angeles fall far short of ‘rebellion,’” Breyer stated in his ruling.
The implications of the court’s decision on the situation in Los Angeles remained unclear.
In response to the deployment, California initiated legal action against the federal government.
Governor Newsom’s lawsuit aimed to prevent the deployment of troops, arguing that their presence would exacerbate tensions and fuel civil unrest.
Breyer’s ruling indicated that the National Guard’s deployment was mismanaged from the outset.
He noted that Title 10 mandates the president to consult with state governors when mobilizing the National Guard.
Brett Shumate, representing the federal government, contended that Trump acted within legal bounds by informing the responsible general of his decision, asserting that Trump could deploy the Guard regardless.
In a brief submitted ahead of the Thursday hearing, the Justice Department argued that Trump’s actions fell outside the realm of judicial review.
The argument highlighted past instances where courts did not intervene when presidents deployed the military, saying, “Courts did not interfere when President Eisenhower deployed the military to protect school desegregation.
Courts did not interfere when President Nixon deployed the military to deliver the mail in the midst of a postal strike.
And courts should not interfere here either,” Shumate remarked to the judge.
Judge Breyer, referencing the Constitution, expressed a differing opinion.
“We’re talking about the president exercising his authority, and the president is of course limited in that authority.
That’s the difference between a constitutional government and King George,” he emphasized.
Protests against immigration raids in Los Angeles gained momentum following the guard’s deployment and have since spread to other metropolitan areas, including Boston, Chicago, and Seattle.
Trump has painted a grim picture of Los Angeles that Newsom has categorized as alarmist and unfounded in reality.
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