Overview

• U.S. District Judge Charles Breyer held that federalizing California Guard units and using Marines in Los Angeles for immigration and drug operations contravened the Posse Comitatus Act.
• Enforcement of the ruling is paused until Sept. 12 to allow the administration to pursue an appeal.
• The administration argues that 10 U.S.C. §12406(3) authorized the deployment, but Breyer rejected that claim and found any inherent protective power constrained by statute.
• About 4,000 National Guard members and 700 active-duty Marines were deployed to Los Angeles in June to secure federal personnel and property.
• Election-law analysts warn that if appellate courts embrace the administration’s theories, it could weaken criminal safeguards against military involvement in elections, including 18 U.S.C. §§592–593, while a separate Fifth Circuit decision curtailed use of the Alien Enemies Act.