Overview

• Under a Title 10 provision, President Trump federalized over 4,000 California National Guard troops and 700 Marines to secure federal buildings in Los Angeles during immigration-enforcement protests without Governor Newsom’s approval.
• U.S. District Judge Charles Breyer deemed the deployment illegal for bypassing required procedures and ordered troops back under state control.
• The 9th Circuit swiftly stayed Breyer’s ruling and on June 17 heard appeals arguments over whether to extend that hold and allow Trump to retain command.
• Appeals judges questioned both California’s claim that the president needed Newsom’s consent and the administration’s assertion that courts cannot review a commander-in-chief’s decision to federalize the Guard.
• The panel’s forthcoming decision, likely to be appealed to the Supreme Court, will clarify the balance between federal authority and state sovereignty over the National Guard.