Skip to content
A Member of the Law Professor Blogs Network

Newsom, Trump Fight Over National Guard Control in LA

It was a busy night last night for the courts in California.  As NPR reports, “[j]ust a couple hours after a federal judge had ordered President Trump to relinquish control of the California National Guard saying he had violated the U.S. Constitution, an appeals court put the order on hold until a hearing on an appeal can be held Tuesday.”

Here is the district court ruling in Newsom v. Trump.  “Issuing a 36-page ruling after a hearing Thursday, District Judge Charles Breyer (brother of retired Supreme Court Justice Stephen Breyer) said Trump’s Guard activation violated the U.S. Constitution’s division of powers between the federal government and states, which have broad, local policing powers. “His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer wrote.” 

“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,” Breyer added.

Click here for further analysis.

Stay tuned!

KJ

Posted in: