On Thursday night, the Ninth Circuit Court of Appeals stepped into the fray, issuing an administrative stay that allows President Trump to maintain the deployment of the National Guard in Los Angeles—for the time being, at least.
The panel of three judges comprised Mark Bennet (nominated by Trump), Eric Miller (also Trump’s appointee), and Jennifer Sung (a Biden nominee), highlighting the unique political tapestry of the court.
This legal tug-of-war began earlier Thursday when a federal judge in San Francisco ruled that President Trump must relinquish control of the National Guard back to California.
In response to the escalating violence during the Los Angeles riots, approximately 700 U.S. Marines were mobilized earlier this week, following Trump’s order to deploy 4,000 National Guard troops to help restore order.
In a dramatic twist, California’s Governor Gavin Newsom—a figure often seen as emblematic of the state’s progressive stance—filed a lawsuit against Trump, claiming a violation of the 10th Amendment of the Constitution.
U.S. District Judge Charles Breyer, a Clinton appointee and brother of retired Supreme Court Justice Stephen Breyer, responded with a Temporary Restraining Order (TRO), deeming Trump’s federalization of the National Guard illegal.
Judge Breyer articulated his concerns in a 36-page order, stating, “At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
In response, the Trump Administration swiftly appealed Judge Breyer’s ruling to the Ninth Circuit, which promptly sided with Trump, granting an administrative stay and effectively freezing the lower court’s order.
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