Court blocks order forcing Trump to return National Guard control to California

San Francisco: The 9th US Circuit Court of Appeals on Thursday temporarily halted a federal judge’s order that would have forced President Donald Trump to return control of National Guard troops to California.

The decision delays enforcement of US District Judge Charles Breyer’s ruling, which declared the deployment illegal and unconstitutional.

The appeals court said it would hold a hearing on the matter Tuesday, pausing an order that was set to take effect by noon Friday.

Earlier in the day, Judge Breyer had ruled that Trump’s use of the Guard violated the Tenth Amendment and exceeded his statutory authority under Title 10, which allows the president to federalise National Guard forces only under limited circumstances, such as invasion or rebellion. “The protests in Los Angeles fall far short of ‘rebellion’,” Breyer wrote.

California Governor Gavin Newsom, who sued to block the federal deployment and prevent the Guard from assisting with immigration raids, praised the initial ruling as a “test of democracy.” The White House responded forcefully, calling the order “unprecedented” and a danger to federal personnel. “The district court has no authority to usurp the President’s authority as Commander in Chief,” said spokesperson Anna Kelly.

More than 500 Guard troops have been trained for civil disturbance operations, and the administration confirmed that 140 Marines will soon replace Guard personnel in Los Angeles. However, the Marines have not yet participated in street-level operations.

The federal government argued that Trump's actions were lawful and not subject to judicial review. “Courts did not interfere when President Eisenhower deployed the military to protect school desegregation,” the Justice Department said in court filings, asserting similar immunity now.

Breyer strongly disagreed, stating in court, “We’re talking about the president exercising his authority, and the president is of course limited in that authority. That’s the difference between a constitutional government and King George.”

Protests in Los Angeles intensified following the Guard’s deployment and have since spread to other major cities including Boston, Chicago, and Seattle. Trump has painted the situation in LA as a national security emergency — a claim disputed by both Gov. Newsom and Mayor Karen Bass.

The case now awaits full appellate review, with broader implications for presidential military authority and the autonomy of U.S. states.