A federal appeals panel is set to hear arguments regarding the control of California’s National Guard, a significant legal battle initiated by President Donald Trump’s decision to federalize the troops in the state.
The hearing is scheduled for Tuesday, following a ruling made by U.S. District Judge Charles Breyer last week, which declared Trump’s federalization of 2,000 National Guard service members to be illegal and unconstitutional.
Trump was ordered to return control of these troops to California Governor Gavin Newsom by noon the day after the ruling. However, shortly after the ruling, a three-judge panel from the 9th U.S. Circuit Court of Appeals granted Trump an emergency request to temporarily block the order, which allowed him to continue controlling the National Guard pending the upcoming hearing.
The 30-minute hearing will take place at noon at the James R. Browning U.S. Courthouse in downtown San Francisco and will be live-streamed on YouTube.
In his decision, Breyer pointed out that Trump had failed to follow congressionally mandated procedures for federalizing the National Guard and that this act violated the Tenth Amendment, which distinguishes the powers between federal and state governments.
It’s important to note that the judge’s ruling pertains solely to the National Guard troops and not to the additional 700 active-duty U.S. Marines also deployed in Los Angeles during the protests.
Judge Breyer mentioned that he would not make any decisions regarding the Marines since they were not deployed on the streets at the time of the ruling.
Newsom celebrated the earlier decision, asserting it was a test of democracy that had been passed, although this sentiment changed once the appeals court intervened.
In response to his continued control over the troops, Trump expressed gratitude toward the appellate panel on his Truth Social platform, claiming that without military intervention, Los Angeles would be in chaos.
The authority to deploy the National Guard typically rests with state governors, and federal intervention by the president is limited to specific circumstances, such as invasion or rebellion.
Trump invoked Title 10 authority to federalize the California National Guard, arguing that unrest in Los Angeles was indicative of rebelling against government authority.
Breyer expressed skepticism regarding Trump’s justification for the deployment, highlighting the constraints on presidential power necessary for a functioning constitutional government.
In a post on X, Newsom reiterated his stance that the military should belong on battlefields, not city streets, aligning with Breyer’s ruling on the constitutionality of Trump’s actions.
The legal challenge was brought forth by Newsom and state Attorney General Rob Bonta in June, aiming to challenge Trump’s actions during a period of heightened tension following immigration raids across Los Angeles.
Newsom stated that the federal government was misusing the military against American citizens, referring to the deployment of trained military personnel into urban streets as an unprecedented act that undermines democracy.
According to state officials, the Department of Defense, acting under Trump’s direction, redirected National Guard troops from San Diego to Los Angeles without the governor’s authorization on June 8.
This deployment of 4,000 National Guard troops came in addition to the 700 Marines, and it was deemed an unnecessary escalation of military presence, especially in light of the protests motivated by the immigration raids.
Trump has maintained that the military intervention was essential for law enforcement and public safety, especially following protests that escalated into violent confrontations, resulting in property damage and unrest.
Despite ongoing public protests against the immigration raids, enforcement actions in Southern California were set to continue as the Trump administration shifted its focus on cities governed by Democrats while limiting actions in agricultural sectors and labor-intensive establishments.
The situation has escalated since the Trump administration initiated immigration enforcement in Los Angeles on June 6, leading to daily demonstrations.
As of the latest updates, the Los Angeles Police Department has reported that 575 arrests have been made in connection with protest activities, signaling the strain between community members and authorities amid the ongoing conflict.
Los Angeles Controller Kenneth Mejia indicated that costs related to the protests have accumulated to over $11.4 million, even before the recent large-scale “No Kings” demonstration prompted city officials to allocate additional resources.
As the legal battle unfolds in the courtroom, both sides are gearing up for what could significantly impact the governance of California’s National Guard and the role of the state versus federal authority in times of civil unrest.
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