Overview
- U.S. District Judge Charles Breyer granted a preliminary injunction directing that California’s National Guard be returned to Gov. Gavin Newsom’s control.
- The order is stayed until Monday, Dec. 15, keeping the federalized contingent in place while the Justice Department pursues appellate relief.
- Trump initially mobilized about 4,000 Guard members in June; filings show roughly 300 remained under federal control by fall, with about 100 in Los Angeles and around 200 redeployed to Oregon.
- Breyer rejected the administration’s view that extensions under 10 U.S.C. §12406 are beyond review, finding no evidence federal law execution is presently impeded and warning against a “perpetual police force” of state troops.
- The White House defended the deployments as lawful and said it will appeal, as related cases play out in multiple courts and the Supreme Court weighs the separate Chicago dispute.