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Some legal experts thought that Donald Trump had a good chance of prevailing in the Gavin Newsom trial to obtain a ban on Trump to deploy the National Guard in California, but the American district judge Charles Breyer launched a curve and ruled for Newsom.
Judge Breyer wrote in his decision:
Defenders undoubtedly have an interest in protecting agents and federal goods “. See index Newspapers LLC c. US Marshals Serv., 977 F.3D 817, 831 (9th CIR. 2020).
But they have no legitimate interest in doing it beyond the limits of their authority.
See Ril-R, 80 F. Supp. 3D to 191. Federal agents and goods can actually be well served by dismilitarization and a concordant de -escalation of the situation.
Be that as it may, the complainants and the citizens of Los Angeles undergo greater prejudice to the continuous illegal militarization of their city, which not only ignite tensions with demonstrators, threatening increased hostilities and loss of life, but deprives the state for two months of its own other functions. As discussed above, the actions of the defendants also threaten to cool the legitimate expression of the first amendment.
Consequently, the court concludes that the applicants have shown that the balance of actions has advice in their favor and that an injunction restricting the use by the president of the military force in Los Angeles is in the public interest.
IV. CONCLUSION
For the above, the court grants a request for the applicants for a temporary prohibition order.
• Defenders are temporarily prohibited from deploying members of the California National Guard in Los Angeles.
• Defenders are responsible for returning control of the California National Guard to Governor Newsom.
• The court also remains this order until noon on June 13, 2025.
• Applicants are ordered to file a nominal deposit of $ 100 within 24 hours. The deposit will be deposited at the clerk office and deposited in the court register. If the said obligation is not displayed by the aforementioned date and time, this ordinance of the northern district of the United States California district will be dissolved.
• Defenders are also ordered to show why a preliminary injunction should not issue. A hearing on this presentation prescription will take place on June 20, 2025 at 10:00 a.m., the complainants' moving documents will be filed no later than June 16, 2025; The opposition of the defendants must be due no later than June 18, 2025, and the response of the applicants will be due on June 19, 2025.
He is thus ordered.
If this order is, the consequences, not only for California, but also for the rest of the country are enormous.
If Trump cannot federalize the National Guard on his whim through a unilateral action, his dream of using the military to perform mass immigration raids will collapse.
On the same day, when worries increased, Trump may not have railing After the assault against Senator Padilla According to federal police, judge Breyer has shown that certain railings still exist.
Trump cannot ignore this order, because he concerns who the national guard must listen to. Governor Newsom will again control the California National Guard, so that he can send them home.
This decision is an important step to remind Donald Trump that the United States has no king.
The battle is far from over, but this is an important victory for the separation of the powers and checks of the federal authority.
What do you think of Judge Breyer's decision? Share your reflections in the comments below.