A federal appeals court on Tuesday evening sided with President Trump and temporarily paused a federal judge’s order blocking President Trump from deploying the National Guard to Los Angeles.
Last Tuesday, a San Francisco-based federal judge blocked President Trump from deploying the National Guard to Los Angeles.
US District Judge Charles Breyer, (brother of retired SCOTUS Breyer), a Clinton appointee, ruled that President Trump violated the Posse Comitatus Act.
A court battle erupted in June after Judge Breyer ordered President Trump to return control of the National Guard back to California.
Earlier this summer 700 US Marines were mobilized in response to the violent Los Angeles riots.
This is after Trump deputized 4,000 National Guard Troops to help quell the riots.
California’s far-left Governor Gavin Newsom sued President Trump and said he violated the 10th Amendment to the Constitution.
Judge Breyer previously granted Newsom a Temporary Restraining Order (TRO) and said Trump’s decision to federalize the National Guard was illegal.
The Trump Administration appealed Judge Breyer’s decision to the Ninth Circuit Court of Appeals earlier this summer and a three-judge panel granted the DOJ a temporary administrative stay.
Last Tuesday, Judge Breyer issued an injunction and blocked President Trump from deploying the National Guard to Los Angeles.
Judge Breyer accused President Trump of creating a “national police force” and acting as its “chief.”
“Almost three months after Defendants first deployed the National Guard to Los Angeles, 300 National Guard members remain stationed there. Moreover, President Trump and Secretary Hegseth have stated their intention to call National Guard troops into federal service in other cities across the country—including Oakland and San Francisco, here in the Northern District of California—thus creating a national police force with the President as its chief,” Breyer wrote.
On Tuesday night, the Ninth Circuit Court of Appeals granted the Trump Administration an administrative stay pending appeal.
BREAKING: 9th Cir. gives Trump temporary win in Posse Comitatus case, entering administrative stay of King Breyer’s decision that Trump Administration’s deployment violated law. pic.twitter.com/FCCjpfo53d
— Margot Cleveland (@ProfMJCleveland) September 10, 2025
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