U.S. District Judge Charles R. Breyer initially sided with the state on June 10, issuing a temporary restraining order that blocked the deployment and returned command of the Guard to Newsom. The Justice Department immediately appealed and secured an administrative stay, followed by the Ninth Circuit panel’s decision on June 19 to stay the district court’s order entirely.
The panel applied a “highly deferential” standard of review and found Trump’s action likely lawful under § 12406(3), given the immediate threat to federal officers and property and the inability of local law enforcement to contain the situation. The judges concluded that delivering the order through California’s Adjutant General met the statutory requirement for routing it via the governor, even if it did not follow every procedural detail. The panel also rejected the district court’s broader injunction, emphasizing that courts do have a role in reviewing federal troop deployments, countering the administration’s claim that such actions were entirely beyond judicial oversight. Continue reading…