Overview

• The Ninth Circuit issued a per curiam opinion overturning Judge Breyer’s order to return National Guard control to Gov. Newsom and lifted the stay on federalized troops.
• Approximately 4,000 National Guard members and 700 Marines remain deployed in Los Angeles to protect federal property and support immigration enforcement during protests.
• California’s attorneys have asked the district court to examine whether the troops’ involvement in street operations violates the Posse Comitatus Act’s ban on military law enforcement.
• The Justice Department contends that the appeals court ruling affirms the president’s authority to federalize the Guard without state consent and precludes limits on troop duration.
• California has proposed limited discovery to depose ICE and military officials and asked for a preliminary injunction hearing in July to assess the deployment’s scope and duration.