Courthouse News reports:
A federal judge seemed to agree with many of California Governor Gavin Newsom’s arguments on Thursday as he weighed whether to block President Donald Trump from further “federalizing” the state’s National Guard after troops were ordered into Los Angeles during protests over ICE immigration raids.
“We’re talking about the president exercising his authority. And the president is, of course, limited in his authority. That’s the difference between a constitutional government and King George,” said U.S. District Judge Charles R. Breyer.
However, the Bill Clinton appointee seemed hesitant to issue any kind of relief without a concrete injury, which he questioned if the governor had properly proved in the absence of the military making any arrests or detaining any protestors.
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Now Breyer delving into DOJ’s argument that the president’s determination that of a “rebellion” or “danger of rebellion” is not revieable in court. He is also discussing the law’s requirement that an order calling up the guard “shall” be issued through the governor of the state.
— Kyle Cheney (@kyledcheney) June 12, 2025
BREYER’s first note of skepticism for California — he says the Marine deployment isn’t “real” yet because they are not on the ground in L.A. “I just sort of don’t think that’s my business,” he says, but adds it could be later. State says they expect it in 24 hours.
— Kyle Cheney (@kyledcheney) June 12, 2025