
Appeals Court Halts Order to Return California National Guard Control Amid LA Protests
Courts and troops in legal dance
Power struggle grows
A federal appeals court has temporarily blocked a lower court's order that would have required President Donald Trump to return control of National Guard troops to California Governor Gavin Newsom [1][3]. The decision comes amid ongoing protests in Los Angeles over immigration raids and heightened tensions between federal and state authorities.
On Thursday, U.S. District Judge Charles Breyer had ruled that the Guard deployment was illegal, violating the Tenth Amendment and exceeding Trump's statutory authority [1]. However, hours before the order was to take effect on Friday noon, the 9th U.S. Circuit Court of Appeals intervened, scheduling a hearing on the matter for Tuesday [1].
The legal battle unfolds as 200 Marines prepare to begin guarding federal property and personnel in downtown Los Angeles [1][2]. Maj. Gen. Scott Sherman of the U.S. Army stated that the Marines will start their duties at noon local time, freeing up National Guard troops previously assigned to protect the Wilshire Federal Building [2].
Sherman emphasized that the soldiers "will not participate in law enforcement activities" and have not detained anyone thus far [2]. The Marine deployment follows days of civil disturbance training, indicating the federal government's preparation for potential escalation of protests [2].
The situation highlights the complex interplay between federal and state powers. Governor Newsom had initially sued to restrict the National Guard's activity, leading to Judge Breyer's ruling [3]. The Justice Department argued that courts could not question the president's judgment on whether the protests constituted "a rebellion or danger of a rebellion" under Section 12406 of Title 10 of the U.S. Code on Armed Forces [3].
As cities across the country brace for major protests planned for the weekend, the situation in Los Angeles serves as a focal point for broader debates on immigration policy, federal intervention, and the balance of power between state and federal governments [2].
The temporary stay on Judge Breyer's order allows President Trump to maintain control of the National Guard troops in Los Angeles for now, but the upcoming hearing on Tuesday may bring further developments in this ongoing legal and political struggle [1][3].