Hours after the brother of a liberal former U.S. Supreme Court justice obstructed the federalization of California National Guard soldiers, an appeals court has granted President Donald Trump a reprieve.
Thursday proved to be a setback for Trump’s initiative to restore law and order to the streets of Los Angeles in the wake of several days of destructive immigration riots. In a critical opinion, federal Judge Charles Breyer mandated that Trump relinquish control of 4,000 National Guardsmen back to Gov. Gavin Newsom.
“Although the Defendants have cited multiple instances of violence, they have failed to demonstrate a violent, armed, organized, open, and avowed uprising against the government as a whole,” Breyer concluded in a 36-page opinion. “The criteria for rebellion have not been satisfied.”
Nevertheless, an appellate court has scheduled a second hearing for the U.S. Department of Justice on June 17, allowing them to reiterate their argument that the riots constituted more than mere civil unrest. Federal prosecutors have drawn parallels between the violence in Los Angeles and the riots that shook major cities in the aftermath of George Floyd’s death in 2020.
The panel, consisting of three members, included two appointees from Trump and one appointed by former President Joe Biden. This temporary ruling will permit Trump to maintain his forces in position at least until the following Tuesday.
In court documents, the president has referenced a federal statute that he contends grants him unrestricted authority to “execute” federal laws in the face of a “danger of a rebellion.” This assertion was dismissed by Breyer, who is the younger sibling of former Supreme Court Justice Stephen Breyer.
“The notion that demonstrators can swiftly transition from protected activities to ‘insurrection against the authority of the Government of the United States’ is both untenable and perilous,” the judge concluded, as reported by Politico.
He further remarked that federal immigration officials were able to carry out raids following certain protests that subsequently escalated into violence.
“The question of whether ICE could have apprehended more individuals in the absence of the protests remains speculative — the Defendants offer no evidence to support that claim,” he stated. “Even if we assume the Defendants are correct, the statute does not permit the federalization of the National Guard when the President encounters challenges that hinder his ability to enforce the laws … The statute stipulates that the President must be ‘unable’ to enforce the laws of the United States. That condition was not met in this instance.”
Newsom, who has had public disagreements with Trump regarding his order, hailed Breyer’s ruling as a “significant day for the Constitution” and expressed confidence that it would endure an appeal.
“The members of the National Guard will return to their regular duties,” he stated.
Trump, naturally, holds a different perspective.
“The Appeals Court decided last night that I am permitted to deploy the National Guard to ensure the safety of our cities, specifically Los Angeles in this instance. Had I not dispatched the Military to Los Angeles, that city would currently be in flames. We saved L.A. Thank you for the ruling!!!” he posted on Truth Social early Friday morning.
