Judge Blocks Trump From Deploying National Guard to Los Angeles

Judge Blocks Trump From Deploying National Guard to Los Angeles

U.S. District Judge Charles Breyer once again has blocked President Donald Trump from deploying the National Guard to Los Angeles, CA.

“Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way—let alone significantly,” wrote Breyer. “What’s more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops.”

California Gov. Gavin Newsom and other plaintiffs filed a motion to enjoin this conduct. The Trump administration took “the position that, after a valid initial federalization, all subsequent re federalizations are completely, and forever, unreviewable by the courts.”

The “Defendants’ position is contrary to law,” stated Breyer.

Okay, so here’s the background because this is the third time Breyer issued this ruling.

In June, Breyer ruled that Trump’s order violated the 10th Amendment and exceeded his statutory authority.

The U.S. 9th Circuit Court of Appeals paused Breyer’s order, ruling that “the president had broad, though not ‘unreviewable,’ authority to deploy the military in American cities.”

Then, in September, Breyer said that the Trump administration violated the Posse Comitatus (“Power of the Country”) Act when it ordered the National Guard to Los Angeles, CA.

The Ninth Circuit then “clarified that ‘Plaintiffs’ challenge to Secretary Hegseth’s August 5 order extending the California National Guard’s federalization through November 5 is not the subject of this appeal,’ and so held that this Court has jurisdiction over Plaintiffs’ challenge to that order.”

Alrighty then!

Now the plaintiffs have challenged two orders under Section 12406:

• (1) the August 5 Order federalizing 300 members of the California National Guard for an additional 90 days, through November 4, 2025
• (2) the October 16 Order federalizing 300 members of the California National Guard through February 2, 2026

Breyer claimed that “the situation in Los Angeles was calm” in August.

Breyer also had a problem with the administration using incidents in June and July to justify the August order.

The judge also found only a few minor differences between the August and October order, especially since incidents in Oregon led to the October order.

Breyer’s order won’t go into effect until Monday, giving the administration time to appeal.

“President Trump exercised his lawful authority to deploy National Guard troops to support federal officers and assets following violent riots that local leaders like Newscum refused to stop,” said White House spokesperson Abigail Jackson. “We look forward to ultimate victory on the issue.”

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