Credit where it's due, Northern District of California Judge Charles Breyer doesn't keep you guessing where he stands when he issues a ruling. He does not approve of President Trump's federalization and attempted deployment of the National Guard, and he's not going to be shy about letting everyone know.
In a Wednesday morning order, Breyer granted Gavin Newsom & Co.'s renewed motion for a preliminary injunction in the case involving the California Guard's federalization and deployment in the Los Angeles area, with this as the opening sentence: "The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one."
The full opinion is 35 pages long, but the gist of it is included in the remainder of the first paragraph:
Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way—let alone significantly. What’s more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops. In response to Plaintiffs’ motion to enjoin this conduct, Defendants take the position that, after a valid initial federalization, all subsequent re-federalizations are completely, and forever, unreviewable by the courts. Defendants’ position is contrary to the law. Accordingly, the Court ENJOINS Defendants’ federalization of California National Guard troops.
ALSO SEE: Breaking: 9th Circuit Issues Stay Pending Appeal in CA National Guard Case, Handing Trump a Big Win
Breyer then walks through the procedural and factual developments since the initial federalization and deployment in June, noting that the administration released the majority of the California Guard members who had been federalized via a series of drawdowns. In August, a new federalization order issued (just before the original one was set to expire), federalizing 300 Guard members for 90 days (through November 4). Plaintiffs challenged that order as well, but because the original June order was up on appeal, the 9th Circuit then needed to clarify that the August order was not before them (and Breyer retained jurisdiction to rule on it). In the meantime, in October, the administration issued another order extending the Guard federalization through February 2, 2026. So this latest order from Breyer is addressing those August and October orders.
Now, the administration is arguing that the subsequent orders are not reviewable by the court. Breyer, of course, disagrees, noting:
That is shocking. Adopting Defendants’ interpretation of Section 12406 would permit a president to create a perpetual police force comprised of state troops, so long as they were first federalized lawfully. Such a scenario would validate the Founders’ “widespread fear [of] a national standing Army,” which they believed “posed an intolerable threat to individual liberty and to the sovereignty of the separate States.”
Ultimately, Breyer's order enjoins the administration from deploying members of the California National Guard in Los Angeles, and, more significantly, directs the administration to return control of the Guard to Newsom. Breyer stayed his own order from taking effect until noon on Monday, no doubt anticipating that there will be yet another appeal taken (to join the two currently pending before the 9th Circuit).
As always, we'll continue to follow along and report on any other developments of note.
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