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Breyer Weighs Legal Limits on Trump’s Federalized Guard in Los Angeles

A written ruling is expected in the coming weeks to clarify statutory and constitutional limits on deploying military forces domestically.

Overview

  • A three-day bench trial in San Francisco examined whether President Trump’s June federalization of California National Guard troops for immigration-related operations violated the Posse Comitatus Act.
  • Judge Charles Breyer repeatedly pressed Justice Department attorneys on the absence of clear statutory or constitutional guardrails and questioned what remedies would exist if the act applied.
  • The Justice Department argued the troops were serving a protective role under presidential authority to deploy state guards in emergencies rather than conducting domestic law enforcement.
  • The Ninth Circuit has stayed Breyer’s earlier injunction, allowing roughly 250 to 300 federalized guardsmen to remain active in Los Angeles pending the district court’s written decision.
  • Breyer’s forthcoming opinion, expected soon and likely to be appealed, could set a precedent on presidential power to use military forces within U.S. cities.