Los Angeles: A U.S. federal appeals court has temporarily paused a lower court’s directive that would have required President Donald Trump to return control of California’s National Guard troops to Governor Gavin Newsom. The troops were deployed amid protests in Los Angeles over federal immigration raids.
The Ninth Circuit Court of Appeals announced it will review the case on June 17. The decision comes just hours before U.S. District Judge Charles Breyer’s ruling — which had been set to take effect at noon Friday — was scheduled to go into force.
Judge Breyer had earlier declared the deployment unlawful, citing violations of the Tenth Amendment and arguing that Trump had overstepped his legal authority. The ruling applied specifically to National Guard forces and not to Marines, who were also stationed nearby but had yet to be deployed on the streets.
Governor Newsom, who had requested an emergency judicial intervention to halt the National Guard’s involvement in immigration enforcement, welcomed the initial ruling. “Today was a test of democracy — and we passed,” he said during a news conference, hours before the appellate court's stay.
However, the White House strongly objected to Breyer’s decision. Spokesperson Anna Kelly labeled the ruling “unprecedented,” arguing it endangered federal personnel and infringed on the president’s constitutional role as Commander-in-Chief.
“The President lawfully mobilized the National Guard to safeguard federal infrastructure and personnel in a city plagued by lawlessness,” Kelly said, asserting that the administration would pursue a full appeal.
The conflict centers on the president’s use of Title 10 of the U.S. Code, which permits the federalization of National Guard troops under certain conditions, such as an invasion or rebellion. Judge Breyer, however, dismissed the relevance of Title 10 in this instance, stating that the LA protests did not rise to the level of a rebellion.
California’s legal challenge argued that the deployment was executed without proper consultation with the governor, which the state claimed is a requirement under Title 10. Attorney Nicholas Green, representing the state, told the court that approximately 140 Marines were expected to relieve the National Guard presence in Los Angeles within a day.
Major General Scott Sherman, who is overseeing both Guard and Marine operations, confirmed that around 500 Guard troops had already received training to assist in immigration enforcement. While photos have emerged showing Guardsmen accompanying agents, Sherman clarified that no Marines had yet received similar assignments.
The Justice Department maintained in court filings that the president's authority in such matters should not be subject to judicial scrutiny, citing historical precedents including Eisenhower’s use of troops during school desegregation and Nixon’s deployment of forces during a postal strike.
But Judge Breyer rejected that reasoning, famously waving a copy of the U.S. Constitution during proceedings. “This is not a monarchy. The president’s authority has limits,” he said. “That’s what separates a constitutional republic from the rule of kings.”
The appeals court’s upcoming hearing will determine whether those limits were exceeded.
