Federal Judge Rules Against Trump's Control of California National Guard
A federal judge has determined that President Trump’s move to federalize parts of the California National Guard was unlawful, demanding that control be reverted back to Governor Gavin Newsom.
Judge Charles Breyer issued a temporary stay on his order until 3 p.m. ET Friday, providing the administration time to file an appeal—which they did promptly.
The Controversial Federalization Amid Protests
Last week, nearly 4,000 California National Guard troops were federalized by the president, along with the deployment of approximately 700 U.S. Marines, in response to large-scale protests in Los Angeles opposing federal immigration enforcement.
Governor Newsom, alongside California’s attorney general, swiftly challenged the move as unprecedented—a president taking control of a state’s National Guard without the governor’s consent for the first time in U.S. history.
Judge Breyer’s Strong Rejection of Presidential Authority
During a hearing in San Francisco, Judge Breyer raised pointed questions about the legal basis for the federalization. He emphasized that the president’s power does not equate to that of a monarch, referencing King George III to illustrate the constitutional limits.
“At this early stage, the Court must determine whether the President followed congressionally mandated procedures. He did not.”
Judge Breyer’s ruling declared the president’s actions not only beyond statutory authority but also in violation of the Tenth Amendment, which safeguards state rights.
Key Legal Findings
- None of the three conditions required under federal law for federalizing a state National Guard were present: no invasion, no rebellion, and no inability to enforce laws.
- The Los Angeles protests were deemed insufficient to constitute a "rebellion."
- Federalizing the Guard without the governor’s approval threatens the delicate federal-state power balance and sets a precedent with potentially serious consequences for future use of domestic military forces.
Next Steps and Reactions
A further hearing is scheduled for June 20, where federal lawyers must justify why a more permanent injunction should not be imposed against the president’s actions.
Gov. Newsom welcomed the decision, emphasizing the principle that military forces belong on battlefields, not city streets. His office underscored the ruling’s significance by posting a symbolic video referencing the defeat of an oppressive regime, highlighting concerns over growing authoritarianism.
"This victory isn’t just for California—it’s a nationwide check on increasing authoritarian tendencies," Newsom declared. "End the illegal militarization of Los Angeles now."
