On Thursday, a federal appeals court panel permitted President Trump to temporarily sidestep a judge’s directive about the illegal deployment of the National Guard, thus allowing immigrant raids in Los Angeles to proceed for now.
This ruling from the 9th U.S. Circuit Court of Appeals came just hours after U.S. District Judge Charles Breyer ordered Trump to relinquish military control to California Governor Gavin Newsom by Friday afternoon.
The panel of three judges includes two appointed by Trump—Mark Bennett and Eric Miller—and one by former President Biden, Jennifer Sung.
Their ruling mostly provided explanations, indicating it wasn’t a judgment on the case’s substance.
Judge Breyer, who was appointed by former President Clinton and is based in San Francisco, argued that Trump had not channeled his actions through Newsom as legally required, and there were no pressing conditions justifying the federal deployment of the National Guard.
“The protests in Los Angeles are far below what would classify as a ‘rebellion,’” wrote Breyer.
His order was set to take effect by Friday afternoon.
Meanwhile, the Trump administration described the 9th Circuit’s move to intervene as “unprecedented” and a “serious invasion” of executive authority.
“Any second-guessing of the Commander in Chief’s military decisions undermines the separation of powers,” the Justice Department contended, noting that nearly 200 years ago, the Supreme Court affirmed that such decisions are the president’s prerogative, not the governor’s or the courts’.
The 9th Circuit issued its ruling before Newsom had time to respond; his opposition was filed just six minutes later.
“Administrative stays are unnecessary and could cause unfair harm considering the district court’s substantial findings, especially regarding irreparable damage to the state without injunctive relief. There are also serious questions about the court’s jurisdiction in this appeal,” he asserted.
Updated at 11:45pm.
