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Some legal experts thought that Donald Trump stood a good chance of prevailing in Gavin Newsom’s lawsuit to get a restraining order against Trump deploying the National Guard in California, but US District Judge Charles Breyer threw a curveball and ruled for Newsom.
Judge Breyer wrote in his ruling:
Defendants no doubt have an “interest in protecting federal agents and property.” See Index Newspapers LLC v. U.S. Marshals Serv., 977 F.3d 817, 831 (9th Cir. 2020).
But they have no legitimate interest in doing so beyond the bounds of their authority.
See R.I.L-R, 80 F. Supp. 3d at 191. Federal agents and property may actually well be served by de-militarization and a concurring de-escalation of the situation.
Regardless, Plaintiffs and the citizens of Los Angeles face a greater harm from the continued unlawful militarization of their city, which not only inflames tensions with protesters, threatening increased hostilities and loss of life, but deprives the state for two months of its own use of thousands of National Guard members to fight fires, combat the fentanyl trade, and perform other critical functions. As discussed above, Defendants’ actions also threaten to chill legitimate First Amendment expression.
Accordingly, the Court concludes that Plaintiffs have demonstrated that the balance of equities tips in their favor and that an injunction restraining the President’s use of military force in Los Angeles is in the public interest.
IV. CONCLUSION
For the foregoing reasons, the Court GRANTS Plaintiffs’ motion for a temporary restraining order.
• Defendants are temporarily ENJOINED from deploying members of the California National Guard in Los Angeles.
• Defendants are DIRECTED to return control of the California National Guard to Governor Newsom.
• The Court further STAYS this order until noon on June 13, 2025.
• Plaintiffs are ORDERED to post a nominal bond of $100 within 24 hours. The bond shall be filed in the Clerk’s Office and be deposited into the registry of the Court. If said bond is not posted by the aforementioned date and time, this United States District Court Northern District of California Order shall be dissolved.
• Defendants are further ORDERED TO SHOW CAUSE why a preliminary injunction should not issue. A hearing on this order to show cause will be held on June 20, 2025 at 10 a.m. Plaintiffs’ moving papers shall be filed no later than June 16, 2025; Defendants’ opposition shall be due no later than June 18, 2025, and Plaintiffs’ reply shall be due on June 19, 2025.
IT IS SO ORDERED.
If this order stands, the consequences, not only for California, but also the rest of the country are huge.
If Trump can’t federalize the National Guard on his whim through unilateral action, his dream of using the military to carry out mass immigration raids will fall apart.
On the same day when concerns were growing that Trump may have no guardrails after the assault on Sen. Padilla by federal law enforcement, Judge Breyer showed that some guardrails still exist.
Trump can’t ignore this order, because it concerns who the National Guard must listen to. Gov. Newsom will be in control of the California National Guard again, so he can send them home.
This ruling is an important step in reminding Donald Trump that the United States has no king.
The battle is far from over, but this is a significant victory for the separation of powers and checks on federal authority.
What do you think of Judge Breyer’s ruling? Share your thoughts in the comments below.
