Judge Blocks Trump From Deploying National Guard to Los Angeles
Breyer’s order won’t go into effect until Monday, giving the administration time to appeal.
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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Comments
I must have missed in Article III where the courts were given authority over the military.
Marbury v. Madison the court made themselves Kings.
it’s time to ignore these judges they’ve no enforcement power
Ignore the order & arrest the judge. Lose him in the system
Wasn’t this already ruled on by the USSC? So yet another out of control robed idiot?
It is getting difficult trying to sort out all of the times that stupid judges have been overruled by upper courts for over stepping their Authority. There really should be some penalty for doing that
No, it wasn’t.
Article 3 says that the judicial power is vested in the federal courts. The judicial power is the power to say what the law is.
Trump’s authority to federalize the National Guard is granted to him by statute, and is governed by that statute; the meaning of that statute is subject to the judicial power, just like the meaning of any statute. So any federal court has the authority to decide whether he has complied with it.
Likewise Posse Comitatus is a statute, and it’s the courts’ place to decide whether it has been violated.
The appeals court confirmed that these decisions are reviewable, but that the standard used must be extra deferential. The court must assume the president knows what he’s doing, and can only override him if it’s clear that his orders are not authorized by the law. Breyer can claim that even applying extra deference he still can’t justify Trump’s orders, and the appeals court can then review that decision.
When will this judicial tyranny end? The President has always had the power to protect federal facilities with federal troops.
It will end when someone (Trump) grows a pair and defies these judges
To follow the law, the President must comply with an army of judges who don’t follow the law.
This is really getting to be a tipping point.
Maybe it’s time to deputize the sane people in those states, and take the Guard out of it. I’m sure the locals know who the targets should be.
It seems odd that the no doubt many pro segregationist judges in 1957 didn’t think they had the power to stop Eisenhower from deploying the national guard in Arkansas.
A rootless cosmopolite who wants to undermine our heritage.
He is a DICK
Dateline Washington DC, December 8, 1941. Judge Bastard of the Washington district court overturned Congress’s declaration of war against Japan, citing his ability to do so under constitutional prnumbras.
Breyer went to Harvard, so we can assume he is just wicked smart and knows better than we rubes.
He’s the brother of the notorious Stephen Breyer. former associate supreme court justice and believer that the government can take private property (except his own) and hand it off to a private entity.
Good to know.
The Supreme Court already ruled that these District Judges had no cause to issue anything. President Trump should just ignore this.
No, it hasn’t. The highest level of review that has been had on this issue is from a panel of the 9th circuit, which said such decisions are reviewable, but only with extra deference.
The judge’s reasoning: “Just because you can do it once doesn’t mean you can do it again. That’s MY decision!”
That’s completely reasonable. The law requires that the federalization be justified by the circumstances, and even if the circumstances did justify it once that doesn’t mean they still do the second and third times.
Who elected the Comassar Judge to rule the country?
I missed that election
Skipped it did you?
The constitution says the president is bound by the law, and has authority only under the law, and that the courts have the power to determine what the law says.
No, the constitution doesn’t say that.
Only Marbury says it.
And Marbury was written by the courts.
The constitution says it. “The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish.”
The judge is in cahoots with the demonrats. They’re trying to goad the President into defying a judge’s ruling in order to advance an impeachment inquiry. It drives them crazy that he shrugs his shoulders and appeals. They get overturned. The judge’s don’t care. It’s all about gluing his presidency to the district courts.
despite no evidence that execution of federal law is impeded in any way
Says you. Nightly news tells me it’s impeded a lot, without the presence of the Guardsmen.
while Trump works to save the city, those who have the money can bail out to some more desirable city
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