A federal judge in San Francisco has ordered President Donald Trump to immediately return control of California's National Guard to Governor Gavin Newsom, ruling that Trump's unprecedented federalization of 4,000 Guard members violated both federal law and the Constitution.
U.S. District Judge Charles R. Breyer granted California's emergency request for a temporary restraining order Thursday, finding that Trump exceeded his legal authority when he seized control of the state's National Guard on June 7 and 9 in response to protests over immigration raids in Los Angeles.
BREAKING: Judge Breyer orders Trump to return control of the National Guard back to California, saying the call-up was illegal. https://t.co/RjvefxZKIm pic.twitter.com/yBT8w5ypzD
— Kyle Cheney (@kyledcheney) June 13, 2025
Judge Breyer found Trump's actions violated federal law in three ways:
No Legal Justification: Trump relied on a 1903 statute allowing National Guard federalization only during foreign invasion, rebellion against the U.S. government, or presidential inability to execute federal laws. The court found none of these conditions were met, conducting an extensive analysis in an attempt to show the Los Angeles protests did not constitute "rebellion" under the law's historical meaning.
Procedural Violations: Federal law requires federalization orders to be issued "through the governors of the States." Trump's administration argued they complied by typing "THROUGH: THE GOVERNOR OF CALIFORNIA" on orders never sent to Newsom. The court rejected this interpretation by saying Newsom only learned of the federalization when his adjutant general forwarded him the orders.
Constitutional Violations: The unlawful seizure violated the Tenth Amendment by preventing California from using its Guard for legitimate state purposes like fighting wildfires and combating fentanyl trafficking.
READ MORE: Judge Responds to Newsom's Emergency Motion to Stop Trump From Deploying Troops in Los Angeles
The ruling blocks Trump from continuing to deploy California Guard members in Los Angeles and requires him to return command to state authorities.
However, Breyer also stayed his order until noon on Friday, June 13, which would give the Trump administration time to file an appeal (which it appears to have already done).
🚨🚨🚨BREAKING: Called. It. Judge enjoined Trump from deploying National Guard to L.A. and Defendants (which includes President TRUMP) to return control to Newsom. Stays order until tomorrow noon. Appeal already filed. 1/ pic.twitter.com/3pwaFlgpFj
— Margot Cleveland (@ProfMJCleveland) June 13, 2025
The lawsuit was filed by California Governor Gavin Newsom and state Attorney General Rob Bonta against President Trump, Defense Secretary Pete Hegseth, and the Department of Defense. The case was heard by Judge Breyer, a Clinton appointee on the U.S. District Court for the Northern District of California, and the brother of former Supreme Court Justice Stephen Breyer.
Join the conversation as a VIP Member