Appeals court halts ruling. Trump can keep National Guard in California for now

Just hours after a federal judge ruled in favor of the state of California on Thursday, a federal appeals court halted that ruling which ordered the Trump administration to return the state’s control of the National Guard. 

The decision allows the Trump administration to continue with the deployment of National Guard and U.S. Marine troops to Los Angeles while the U.S. Court of Appeals for the 9th Circuit examines the case, pending another hearing on Tuesday.

Prior to the appeals court decision, U.S. District Judge Charles Breyer said Trump’s takeover of the troops was illegal and said it violated the Tenth Amendment, exceeding the president’s authority. 

“This country was founded in response to a monarchy and the constitution is a document of limitations, frequent limitations and enunciation of rights,” Breyer said during a court hearing Thursday. “I’m just trying to figure out where the lines are drawn.”

Gov. Gavin Newsom celebrated the initial ruling on social media. 

“This win is not just for California, but the nation,” Newsom said on X. “It’s a check on a man whose authoritarian tendencies are increasing by the day.”

The order had it not been blocked Thursday night, would have taken effect Friday at noon.

The appeals court set a hearing date for June 17.

On Thursday night, following the appeals court decision, Trump thanked the panel, claiming that sending in troops stopped the city from "burning to the ground."

Over the weekend, the Trump administration sent armed troops to Los Angeles following protests across the region denouncing the federal government's immigration sweeps. The troops were ordered to protect federal buildings and officers. 

Typically, the power to enable the National Guard falls on the state governor. The Trump administration, however, argues that Angelenos were disrupting ICE enforcement and equated peaceful protests to being an “assault on peace.” 

Newsom said the president’s actions were elevating tensions and illegally overstepping his authority. L.A. Mayor Karen Bass echoed similar concerns over the deployment of the National Guard. 

Newsom filed a request for a temporary restraining order to block troops from aiding ICE. A federal judge on Thursday followed through and issued the order directing President Donald Trump to return control of the National Guard to California.

“Authoritarian regimes begin by targeting people who are the least able to defend themselves, but they do not stop there,” Newsom said in a speech Wednesday. “Trump and his loyalists, they thrive on division because it allows them to take more power and exert more control.” 

In response, the Trump administration called the lawsuit on Wednesday a “crass political stunt endangering American lives.”

The Trump administration’s defense claims that Trump was allowed to deploy the National Guard and become the commanding general if there was a rebellion or danger of a rebellion and if the president was unable to execute laws with regular forces.

Brett Shumate, an attorney for the federal government, argued in court Thursday that President Trump complied with this statute. 

In response to the defense’s claims, Breyer said the president has limited authority and criticized the Trump administration's defense of federalizing the National Guard.

“That’s the difference between a constitutional government and King George,” Breyer said. “It’s not that a leader can simply say something, and then it becomes it.” 

The White House did not immediately respond to a request for comment.