A significant legal battle is underway regarding the authority over California’s National Guard between President Donald Trump and California Governor Gavin Newsom.
On Tuesday, a federal appeals panel is set to hear arguments stemming from a San Francisco District Court ruling that deemed Trump’s decision to federalize the state’s National Guard as illegal and unconstitutional.
U.S. District Judge Charles Breyer ruled last week that Trump’s deployment of 2,000 National Guard members did not comply with the required congressional procedures and ordered the return of control of the troops to Governor Newsom by noon the next day.
However, this decision was temporarily blocked by a three-judge panel of the 9th U.S. Circuit Court of Appeals almost immediately, granting Trump’s emergency request and allowing him to maintain control of the troops while the appeal is heard.
The hearing set for Tuesday at noon will take place in the James R. Browning U.S. Courthouse in downtown San Francisco and will be live-streamed on YouTube for public viewing.
In his ruling, Judge Breyer asserted that Trump’s federalization of the National Guard violated the Tenth Amendment, which outlines the division of powers between federal and state governments and exceeded the president’s statutory authority.
His order specifically addressed only the National Guard members and did not apply to the 700 active-duty Marines that had also been deployed to Los Angeles.
The judge refrained from ruling on the Marines as they had not been actively engaged on the streets as of the ruling date.
Governor Newsom had initially praised Breyer’s ruling, stating that it represented a victory for democracy.
Yet, his sentiments shifted following the appellate court’s intervention.
In response to the panel’s decision, President Trump expressed gratitude in a post on his Truth Social platform, claiming that without federal troops in Los Angeles, the city would be in chaos.
The dispute over the control of the National Guard comes as the authority to call up these forces traditionally resides with state governors.
However, there are specific circumstances under which the president can deploy the National Guard, such as when a state faces invasion or rebellion as stipulated under Title 10 of the U.S. Code.
Breyer was skeptical of Trump’s claim that the Los Angeles unrest represented a
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