Breaking: 9th Circuit Keeps California National Guard Under Trump’s Control Through Weekend
9th Circuit has scheduled hearing for Tuesday, June 17 to further address Newsom v Trump
A three-judge panel of the U.S. 9th Circuit Court of Appeals has issued a temporary stay of an order issued by U.S. District Judge Charles Breyer, in which the San Francisco judge ruled that Trump broke the law when he mobilized thousands of Guard members to quell violent protests over immigration raids. Judge Breyer’s ruling would have forced the President to return the troops to State control by noon Friday, in essence “de-federalizing” them.
The late-night Thursday ruling by the 9th Circuit Court allows the California National Guard troops to remain under federal control over the weekend.
The Circuit Court has scheduled a hearing on the case of Newsom v Trump on Tuesday, June 17 to further address the case.
Earlier Thursday, Breyer ruled that the President’s actions “were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.” He added: “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
The 9th Circuit’s stay order allows National Guard troops to continue to protect federal properties and agents, including ICE agents, at least until the Tuesday hearing. It also keeps them available to act against violent protestors until that time, including any No Kings “day of defiance” events that become violent on June 14.
The 1st page of the 9th Circuit’s order is below:
