The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge’s order earlier in the day that had directed President Donald Trump to return control of National Guard troops in Los Angeles to California Gov. Gavin Newsom. The restraining order from District Judge Charles R. Breyer was to have taken effect Friday at noon.
The appeals court ruling keeps the troops in place until a June 17 hearing, under federal control.
Breyer’s sharply worded decision earlier Thursday said the President’s effort to deploy thousands of troops on the streets of an American city – a move that has contributed to nearly a week of political protests across the country – was illegal and unconstitutional.
“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Judge Breyer wrote of Trump’s orders. The administration filed a quick appeal.
The response from Newsom to the afternoon ruling was swift.
“Today was really about a test of democracy, and today we passed the test,” Newsom told the Associated Press.
“Our success today in court is a win for all Americans," Newsom said in a statement posted on his Sacramento website. “The President’s action to turn the military against its own citizens threatened our democracy and moved us dangerously close to authoritarianism. We will continue to stand up for our democracy and the rights of all Americans. The country is watching.”
In a statement from the governor's office, Newsom said Trump's failed attempt to mobilize the National Guard over the state's objection "put the sovereignty of every state in the country in danger, as his order was not specific to California, and suggests that the President believes he can assume control of any state militia."
The ruling came hours after images of Democratic Senator Alex Padilla from California was grabbed and handcuffed by federal agents touched off another round of political furor. Unrest also flared on Thursday night at a privately run immigration detention center in Newark. And in Chicago, hundreds of people marched through the city in opposition to the Trump administration’s immigration raids and attempts to quell dissent.
Padilla was forcibly removed on Thursday from a news conference being held by Homeland Security Secretary Kristi Noem and handcuffed after he pushed past guards at a federal building in West Los Angeles.
Noem told assembled reporters that the immigration agents conducting the raids in LA are “putting together a model and a blueprint” for other communities.
“Sir! Sir! Hands off!” Padilla, 52, shouted as federal agents tried to muscle him out of the room where Ms. Noem was speaking inside a government office building about 15 miles west of downtown Los Angeles. “I am Senator Alex Padilla. I have a question for the secretary.”
As Padilla — an M.I.T. graduate, the son of Mexican immigrants and a Los Angeles native — began questioning the authenticity of a bank of mug shots behind Noem, agents shoved him out of the room, told him to drop to his knees in a hallway and handcuffed him, based on videos taken by Padilla’s office and a Fox News reporter.
The New York Times and Associated Press contributed to this report.
Why was this Los Angeles matter in front of a San Francisco federal judge?
Seems like an irregular process. Ironic considering that is the underlying allegation in the lawsuit.
According to the New York Times, Presidents have previously federalized the National Guard without consent of a state’s governor. It is rare, but not unprecedented. And the judiciary has not previously characterized it as acting like a king.
https://www.nytimes.com/2025/06/08/us/lbj-national-guard-alabama-1965.html