Union members and supporters at Grand Park are seeking the release of union leader David Fuerta, who was arrested in an immigration enforcement action held in Los Angeles, California on June 9, 2025. (Photo: Mario Tama/Getty Images)
A federal judge in California ordered President Donald Trump to abandon the orders of 4,000 National Guard troops late Thursday.
US District Judge Charles Breyer said it belongs to Trump.National Guard Mobilization It ordered the return of control over California Governor Gavin Newsom, who was illegal and opposed to the development. He said his order would come into effect at midnight Pacific time on Friday, and would likely set an emergency appeal by the administration.
Trump’s “action was illegal, both of which went beyond his legal authority and violated the 10th amendment to the US Constitution,” Breyer wrote.
He publishedOrders on page 36 Hours after an afternoon hearing where he appears skeptical that Trump’s orders are legal.
At the hearing, Breyer seemed unwilling to accept the Trump administration’s argument that getting consent from Democrat Newsom is not a prerequisite for federalizing the California State Guard.
Newsom is backed up by Democratic attorney generals across the country in a closely monitored case.
Breyer noted the laws he cited when Trump requested an order to pass the state governor by mobilizing his troops, but Trump’s order bypassed Newsom and went directly to a California State Guard deputy.
“In fact, if you didn’t give him that, I’m trying to understand how something is going through someone. “If you haven’t gone to them in person, it’s the first time you’ve seen someone pass through someone.”
“Constitutional Government and King George”
Brett Schmate, a U.S. Department of Justice lawyer who advocated for power, said Newsom’s approval was not required for the commander to serve the National Guard forces.
“There are no consultation requirements, no pre-approval requirements,” he said. “The governor is just a conduit. He’s not a disability. The president doesn’t need to call the governor and invite David to camp.
Only the president can determine whether the conditions for allowing the National Guard to be federated are met, Schmate said.
But Breyer, appointed by Democratic President Bill Clinton, said the president faces more restrictions than Schmate claimed.
“That’s the difference between the constitutional government and King George,” Breyer said.
Nicholas Green, who claimed on behalf of the state, called federal debate “breathtaking range.”
“They say your honor, the president can federate the National Guard and deploy it on the streets of private cities whenever they recognize that there is disobedience to the order,” Green told Breyer. “It’s a vast and dangerous concept of federal enforcement.”
Breyer doesn’t seem to be much opposed to Trump’s order to deploy 700 US Marines in the region, noting that those troops are not yet on the ground in Los Angeles, pointing out that federal forces are already under Trump’s command without having to meet other standards.
Breyer’s orders on Thursday night did not direct action on Marines.
A pause has been requested
A judge, a brother to former U.S. Supreme Court Judge Stephen Breyer, said he would control the country quickly, probably late Thursday by requesting a California restraining order to halt the deployment in Los Angeles.
Schmann demanded that if Breyer is in the state’s favor, the restraining order should be suspended while the federal government appeals.
Greene said the state “strongly opposes” such a suspension due to the urgency of the situation in Los Angeles.
The city has seen days of protest over immigration and customs enforcement raids at work on Friday. Trump ordered the National Guard to the area on Sunday, saying the orders need to be restored.
Newsom and Los Angeles Mayor Karen Bass opposed the decision, saying it caused more confusion and inflamed tensions.
Democrats’ Amikos Brief
The hearing over California’s request for an injunction came just after 21 Democratic attorney generals and the Democratic governor of KansasAmikos Brief If you want to back up California.
The control of the National Guard’s Trump capture has set a dangerous precedent that undermines the mission of the National Guard, they said.
“The National Guard will fight fires, respond to hurricanes, protect residents from flooding and provide much-needed security,” they wrote. “The president has all made us less safe, undermining the powers of the nation, deploying the National Guard forces illegally, and leaving the doors open to deploy guards in all states. This court must order the federal government to continue this illegal and dangerous path.”
Kansas Governor Laura Kelly, Washington Attorney General, Delaware, Arizona, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, Nevada, New Jersey, New Mexico, New York rh.
