In a significant legal development, the 9th U.S. Circuit Court of Appeals has issued a temporary stay on a lower court's decision that would have compelled President Donald Trump to relinquish command of National Guard forces to the state of California. This appellate court intervention came just in time, mere hours before the order by U.S. District Judge Charles Breyer was scheduled to take effect at noon on Friday.
The case has captured national attention, as it delves into the constitutional balance of power between the federal government and state authorities. Judge Breyer had previously ruled that President Trump's deployment of the National Guard in response to protests in Los Angeles was unconstitutional, violating the Tenth Amendment. The protests had erupted following federal immigration raids, stirring significant civil unrest.
In the eye of the storm is Los Angeles, where approximately 4,700 troops, including 2,000 National Guard members, have been deployed. The presence of the military was reportedly to bolster security on federal properties and assist in maintaining public order. California Governor Gavin Newsom, who had initially lauded Judge Breyer's ruling as a triumph for democratic principles, requested the emergency halt. He argued that the federal troops were unlawfully aiding in immigration enforcement without the state's consent, according to the Associated Press.
President Trump, not one to shy away from voicing his opinions, took to his Truth Social platform to express gratitude towards the appeals court. He defended the troop deployment as a preventive measure against potential violence in the city. Meanwhile, the White House criticized Judge Breyer's decision as "unprecedented," asserting that it encroached upon the president's powers as commander in chief. The administration expressed confidence in an eventual favorable ruling from the appeals process.
As the legal proceedings continue, Major General Scott Sherman confirmed that 700 Marines have been undergoing civil disturbance training, possibly gearing up for deployment. While the Marines have not yet participated in immigration enforcement, the question of their future involvement remains open.
The controversy centers on Title 10 of the U.S. Code, which allows the president to federalize the National Guard during invasions or insurrections. However, Judge Breyer pointed out that the current protests did not meet such criteria and emphasized the First Amendment's protection of peaceful assembly. Governor Newsom's lawsuit against the federal government sought to prevent the Guard's involvement in immigration operations, fearing it would exacerbate tensions.
The administration’s attorney argued that the president had met the legal requirements for troop mobilization by informing military leadership and that such presidential decisions are beyond judicial scrutiny. However, Judge Breyer countered this claim, emphasizing that constitutional restraints apply to presidential power.
The legal battle continues to reverberate across the nation, with protests in Los Angeles potentially acting as a harbinger for civil unrest in other major cities like Boston, Chicago, and Seattle. The outcome of this case could have far-reaching implications for the balance of power between state and federal authorities.
