Breaking: Federal Judge Rules Trump Must Return California Guard to Newsom
DoJ has already appealed to the Ninth Circuit Court of Appeals
U.S. District Judge Charles Breyer has ordered President Trump to hand control of the California National Guard back to Governor Gavin Newsom. In a June 12 ruling, Breyer found 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 order gives the administration a brief window until noon on June 13 before it goes into effect. The Justice Department has already appealed to the Ninth Circuit Court of Appeals.
The court action stems from a legal challenge filed by Newsom in response to Trump’s decision to federalize up to 4,000 California National Guard troops—and deploy 700 Marines—to Los Angeles. Trump invoked 10 U.S.C. § 12406, citing the need to counter “incidents of violence and disorder” amid protests sparked by Immigration and Customs Enforcement raids.
During the June 12 hearing, Justice Department attorney Brett Shumate defended the move, stating the president had acted lawfully—and that courts “can’t review” his decision. He described the governor as “merely a conduit.”
California’s team, led by attorney Nicholas Green and backed by Governor Newsom, argued the move ignored the statute’s clear requirement that orders must flow "through the governors." They warned this federal takeover deprived the State of crucial Guard assets used for fires, emergencies and other local needs.
While the injunction applies only to the Guard—not the Marines—Breyer noted, “This country was founded in response to a monarch. The Constitution is a document of limitations,” questioning the scope of presidential power.
The judge paused enforcement until Friday noon, giving the administration time to appeal.
This case marks the first time since 1965 that a President federalized a State Guard without its Governor’s approval. Legal experts warn the court’s decision could shape future limits on presidential power in civil unrest or protest situations, as clearly appears to be the case in California.
Alabama Attorney General Steve Marshall and 18 other Attorneys General had filed an amicus brief in support of the President’s actions, but Judge Breyer—an 82 year old Clinton appointee—was apparently not swayed by the brief.
Now, the Ninth Circuit will review the temporary injunction. Meanwhile, the federal government continues to deploy Marines and National Guard to federal sites in Los Angeles, stirring both protests and further legal scrutiny.
