|
The hearing comes after the 9th U.S. Circuit Court of Appeals
granted a request by the administration last week to temporarily
pause a lower court order that directed President Donald Trump
to return control of the soldiers to the governor who filed a
lawsuit over the deployment.
The three-judge panel is set to hear oral arguments via video
starting at noon, and protests outside the downtown San
Francisco court are expected.
U.S. District Judge Charles Breyer in San Francisco ruled last
week that the Guard deployment was illegal and exceeded Trump’s
statutory authority. It applied only to the National Guard
troops and not the Marines, who were also deployed to LA.
The Trump administration argued the deployment was necessary to
restore order and protect federal buildings and officers.
In his lawsuit, Gov. Gavin Newsom accused the president of
inflaming tensions, breaching state sovereignty and wasting
resources. The governor calls the federal government’s decision
to take command of the state’s National Guard “illegal and
immoral.”
Newsom filed the suit following days of unrest as demonstrators
protested against federal immigration raids across the city.
The judge ruled the Trump violated the use of Title 10, which
allows the president to call the National Guard into federal
service when the country “is invaded,” when “there is a
rebellion or danger of a rebellion against the authority of the
Government,” or when the president is unable “to execute the
laws of the United States.”
Breyer, who was appointed by former President Bill Clinton, said
in his ruling that what has been happening in Los Angeles does
not meet the definition of a rebellion.
“The protests in Los Angeles fall far short of ‘rebellion,’” he
wrote. “Individuals’ right to protest the government is one of
the fundamental rights protected by the First Amendment, and
just because some stray bad actors go too far does not wipe out
that right for everyone.”
The National Guard hasn’t been activated without a governor’s
permission since 1965, when President Lyndon B. Johnson sent
troops to protect a civil rights march in Alabama, according to
the Brennan Center for Justice.
All contents © copyright 2025 Associated Press. All rights
reserved |
|
