The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge’s order that directed President Donald Trump to return control of National Guard troops to California after he deployed them in response to protests in Los Angeles over immigration raids.
Earlier on Thursday, U.S. District Judge Charles Breyer had ruled the National Guard deployment was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority.
Newsweek has contacted California Governor Gavin Newsom‘s office and the White House for comment via emails sent outside regular business hours.
Why It Matters
Trump ordered the deployment of roughly 4,000 National Guard troops and 700 Marines to Los Angeles following protests over his stepped-up immigration crackdown. The protests intensified after Trump called up the Guard and have since spread to other major cities, including New York, Boston and Chicago.
Newsom asked a judge to stop Trump’s troop deployment to protect federal Immigration and Customs Enforcement agents making arrests across Los Angeles, saying the presence of troops has inflamed tensions.
What To Know
The appeals court ruling came just hours after Breyer’s order, which was set to take effect at noon on Friday. His order applies only to the National Guard troops. Breyer said he would not rule on the Marines since they were not out on the streets yet.
The authority to call up the National Guard typically lies with governors, but there are some circumstances under which the president can deploy those troops. Trump federalized the California National Guard under an authority known as Title 10, which allows the president to call the National Guard into federal service under certain limited circumstances, such as when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government.”
In his ruling, Breyer said the protests in Los Angeles “fall far short of ‘rebellion.’”
What People Are Saying
Newsom had praised Breyer’s ruling before the appeals court decision, saying during a news conference: “Today is a big day for the Constitution of the United States, for our democracy and I hope it’s the beginning of a new day in this country where we push back against overreach. We push back against these authoritarian tendencies of a president that has pushed the boundaries, pushed the limit, but no longer can push this state around any longer.”
Trump wrote on Truth Social early Friday: “Incompetent Gavin Newscum should have been THANKING me for the job we did in Los Angeles, rather than making sad excuses for the poor job he has done. If it weren’t for me getting the National Guard into Los Angeles, it would be burning to the ground right now!”
What’s Next
The 9th U.S. Circuit Court of Appeals said it will hold a hearing on the matter on June 17.
Meanwhile, nationwide protests against Trump and his administration’s policies are planned to take place in cities in all 50 states as Trump stages a military parade in Washington, D.C, on Flag Day on Saturday, which is also his birthday.
This article includes reporting by The Associated Press.
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