Appeals Court Issues Ruling On Judge’s Order On Trump’s Use Of The National Guard

In a sweeping rebuke of executive authority, U.S. District Judge Charles R. Breyer ruled Thursday that President Donald Trump illegally federalized 4,000 California National Guard troops amid ICE-related riots in Los Angeles.

The decision, which sides firmly with California Governor Gavin Newsom, declares that Trump exceeded statutory limits and violated the Tenth Amendment.

In the 29-page opinion, Judge Breyer minced no words:

“His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.”
“Federalism is not optional. Even the president cannot legislate by fiat.”

The court issued a temporary restraining order (TRO), commanding the Trump administration to immediately return control of the National Guard to the Governor. The ruling cited a lack of constitutional grounds for Trump’s federalization under the 1903 Militia Act, noting that Los Angeles was not experiencing “rebellion,” “invasion,” or obstruction of federal law sufficient to trigger presidential powers.

The restraining order was stayed until noon on June 13, providing a narrow compliance window.

Just hours later, the 9th Circuit Court of Appeals issued an administrative stay of Breyer’s order, temporarily freezing the mandate and scheduling an expedited timeline:

  • Response due: June 15

  • Reply due: June 16

  • Zoom hearing: June 17

The panel consists of two Trump appointees and one Biden appointee, signaling a high-stakes legal review ahead.

California Attorney General Rob Bonta praised Breyer’s ruling as a “critical affirmation of state sovereignty,” arguing that the federal action was “unjustified and inflammatory.”

“We aren’t in the throes of a rebellion. We are not under threat of an invasion. Nothing is preventing the federal government from enforcing federal law,” Bonta said.
“Trump’s actions escalated tension, trampled state authority, and promoted—rather than quelled—unrest.”

Bonta cited support from retired military leaders, including former Secretaries of the Army and Navy, as well as four-star generals and admirals, who filed amicus briefs warning against unlawful domestic military deployments that compromise core defense missions.

The Trump administration quickly rejected the ruling. White House spokesperson Anna Kelly issued a statement condemning the order as a dangerous precedent:

“The court’s order is unprecedented and puts our brave federal officials in danger. The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles.”

The administration confirmed an immediate appeal, asserting that the president’s national security responsibilities justify the deployment and warning that the district court’s move undermines the Commander in Chief’s constitutional role.