In a dramatic legal twist, an appeals court has temporarily overturned a federal judge’s ruling that declared Donald Trump’s deployment of the California National Guard to Los Angeles illegal. The decision allows the troops to remain in place for now as nationwide tensions over immigration continue to escalate.
Federal Judge Calls Trump’s Move “Illegal”
Earlier this week, Judge Charles Breyer ruled that Trump’s decision to override California Governor Gavin Newsom and deploy over 4,000 National Guard troops and 700 Marines to LA violated federal law. “The President is not the commander-in-chief of the National Guard,” Judge Breyer declared, invoking the U.S. Constitution during a contentious hearing in San Francisco.
Breyer added, “His actions were illegal… He must therefore return control of the California National Guard to the Governor of the State of California forthwith.” But he stayed his own order until Friday afternoon to allow time for an appeal.
Appeals Court Halts Enforcement of Judge’s Order
The Trump administration filed an immediate appeal, and within hours, a three-judge panel issued a temporary stay, permitting the federal takeover of the National Guard to continue until a Tuesday hearing.
White House lawyers invoked a rarely-used law permitting the President to federalize the National Guard during times of “rebellion.” However, California argued in its lawsuit that the current protests in Los Angeles — while disruptive — do not rise to that legal threshold.
“At no point… has there been a rebellion or an insurrection,” the state’s legal filing said, noting that although over 300 people have been arrested and a major freeway shut down, the protests have remained largely nonviolent compared to past unrest.
Newsom Slams Trump’s Military Intervention
Governor Newsom posted on X (formerly Twitter), “The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets.” He warned that Trump’s move amounts to a “militarization of domestic law enforcement.”
Despite strong opposition, National Guard troops remain stationed in downtown LA, with some reportedly authorized to detain individuals until police arrive. This marks the first time in over 50 years that a president has deployed the National Guard to a U.S. state without the governor’s consent.
Constitutional Showdown in Court
In court, Justice Department attorney Brett Shumate argued that the President has full authority under federal law. Judge Breyer, brother of former Supreme Court Justice Stephen Breyer, rebutted: “The president is, of course, limited in his authority. That’s the difference between a constitutional government and King George.”
Secretary of Defense Pete Hegseth, speaking before the House Armed Services Committee, refused to say whether the military would comply with the judge’s ruling. “We should not have local judges determining foreign or national security policy,” Hegseth said.
What Happens Next?
All eyes now turn to the appeals court hearing on Tuesday, which will determine whether Trump’s military presence in California can continue while the broader legal challenge proceeds. Meanwhile, protesters continue to fill the streets of LA, demanding an end to the ICE raids and federal occupation.
Key Highlights:
- Appeals court temporarily allows Trump to keep National Guard in LA
- Federal judge ruled the deployment illegal under U.S. law
- Gov. Newsom strongly opposes Trump’s move, calling it unconstitutional
- Court hearing scheduled Tuesday to decide on long-term legality