Overview

• The 9th U.S. Circuit Court of Appeals will hold a remote hearing on June 17 on the administration’s appeal of a district court order that deemed the deployment illegal
• On June 12, U.S. District Judge Charles Breyer ruled that federalizing the National Guard under Title 10 exceeded presidential authority and violated the Tenth Amendment
• The appeals court’s administrative stay paused Breyer’s order only for the Guard, leaving the legality of the 700 Marines’ mobilization unaddressed
• Gov. Gavin Newsom’s lawsuit, supported by Attorney General Rob Bonta and 21 state attorneys general, argues the action breaches state sovereignty and constitutional limits
• Experts warn the decision could set a precedent for the use of federal troops on U.S. soil and may ultimately be decided by the Supreme Court