A federal judge in California ruled Tuesday that the Trump administration’s deployment of National Guard troops and U.S. Marines in Los Angeles this summer was illegal.
The June deployment, ostensibly to protect federal property and law enforcement officers amid anti-immigration protests in the city, occurred over the objections of California Gov. Gavin Newsom. In a 52-page decision Sept. 2, Judge Charles R. Breyer wrote that the deployment violated the Posse Comitatus Act, an 1878 law prohibiting the use of military personnel for domestic law enforcement activities.
Presidents deploying National Guard in a state over the objections of a governor has been rare in U.S. history. Nonetheless, President Donald Trump has suggested he may deploy National Guard troops in other Democrat-led jurisdictions, including Chicago.
Why We Wrote This
When President Trump sent the National Guard and Marines to Los Angeles, he violated a law prohibiting the use of military personnel for domestic law enforcement activities, a judge ruled Tuesday. The ruling could serve as a guide for how other courts interpret National Guard deployments in other states.
While Tuesday’s ruling does not have any legal force outside of California, it could serve as a guide for how other courts interpret National Guard deployments in other states, experts say. And the ruling may make President Trump hesitate before deploying the National Guard to another city.
“The same Posse Comitatus Act, and the same Constitution, apply in Chicago and Baltimore and across the country,” says Rachel VanLandingham, a former Air Force judge advocate.
“It’s a clear shot across the bow to President Trump as a warning to not do something similar in [other] cities.”
In referencing other potential deployments, Judge Breyer described Mr. Trump and Secretary of Defense Pete Hegseth as trying to create “a national police force with the President as its chief.”
“There is no question that federal personnel should be able to perform their jobs without fearing for their safety,” the judge added. “But to use this as a hook to send military troops alongside federal agents wherever they go proves too much and would frustrate the very purpose of the Posse Comitatus Act.”
The White House criticized the ruling in a statement.
“Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction,” Anna Kelly, a spokesperson said, according to social media. “This will not be the final say on the issue.”
The Trump administration will likely appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit. The case seems destined for the U.S. Supreme Court.
This is a developing story and will be updated.
