A U.S. District Court has issued a temporary restraining order requiring President Trump to return control of the California National Guard to Governor Gavin Newsom. The court found that the President’s federalization of the Guard “exceeded his statutory authority and violated the Tenth Amendment of the Constitution.”
UPDATE: A U.S. appeals court has approved President Trump’s request to retain authority over the California National Guard while the legal case proceeds.
In response to the recent riots in Los Angeles, President Trump issued a memo on June 7 ordering federal operations under Title 10 U.S.C. § 12406, and reserved 2,000 California National Guard personnel to federal command through the Department of Defense.
Title 10 § 12406 allows federal control of National Guard units only under specific conditions—such as invasion, rebellion, or inability to enforce federal law—and must be executed “through the governor.” The court determined that none of these prerequisites were met, nor did the President consult Governor Newsom “as required.”
The court ruled that the federal takeover “exceeded the President’s powers, violating states’ constitutional rights by improperly seizing control of their militia forces.”
Despite acknowledging “isolated” violence during the protest, the court concluded these actions did not rise to the level of a “rebellion” that would legally justify federalization. The court pointed out that federal authorities managed to arrest several dozen individuals during the raids, indicating they retained the capability to execute immigration laws without Guard intervention.
