Judge blocks Trump’s order to deploy National Guard in California

Once again, we have the court versus the presidency, and we are about to see who has more authority.  

Trump used Title 10 to override Governor Newsom and send the National Guard to Los Angeles to quell the riots, and now the authority is being challenged in court.  

Trump Breaking the Law 

Governor Gavin Newsom says that Trump is breaking the law by activating the Guard without his authority, and he is pointing to Trump’s statement during his first term during the rioting in Portland. 

At the time, Trump had stated, “We have to go by the laws. We can’t move in the National Guard. I can call insurrection but there’s no reason to ever do that, even in a Portland case, we can’t call in the National Guard, unless we are requested by a Governor.” 

Trump can use Title 10 in the case of a rebellion or insurrection, but he has yet to officially slap that label on the uprising in LA.  

To that point, Newsom sued Trump to have the National Guard removed.  

Siding with Newsom 

U.S. District Judge Charles R. Breyer, the brother of retired Supreme Court Justice Stephen Breyer, ruled that Trump’s actions were unconstitutional. 

He ruled, "His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith. 

"Federalism is not optional. Even the president cannot legislate by fiat." 

The Trump administration immediately appealed the ruling.  

Not So Fast 

The US Court of Appeals for the 9th Circuit has slammed the brakes on Breyer’s ruling, at least temporarily.  

This was not exactly a surprise since the panel had two judges who were appointed by Donald Trump.  

Brett Shumate, head of the DOJ’s Civil Division, disputed Breyer’s characterization, stating, “There’s no consultation requirement, pre-approval requirement. There’s one commander-in-chief of the armed forces.” 

The text of Title 10 is very specific about when a president can override a governor. And while I agree that the Guard should have been called in, I think Trump is on the wrong side of this. Believe me, Dems want Trump to call this an insurrection so they can torch him again about January 6, which continues to be a nightmare for the GOP every time it calls itself the party of law and order. If I were Trump, I would pull the Guard, then let California officials face the furor of its residents for allowing the city streets to burn rather than accepting his help.