#judgebreyer — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #judgebreyer, aggregated by home.social.
-
Will a Federal Judge buck the #9thCircuit and continue to find that Trump violated the #PosseComitatusAct by using the #Marines against #Californians? @mspopok.bsky.social looks at the new filings submitted to #JudgeBreyer by Trump and #California youtu.be/m_6IIvszzvY?...
Trump’s LA Troops HIT with MAJ... -
Will a Federal Judge buck the #9thCircuit and continue to find that Trump violated the #PosseComitatusAct by using the #Marines against #Californians? @mspopok.bsky.social looks at the new filings submitted to #JudgeBreyer by Trump and #California youtu.be/m_6IIvszzvY?...
Trump’s LA Troops HIT with MAJ... -
A federal judge ruled on Thursday that Donald Trump illegally deployed the California national guard to suppress protests against immigration raids in Los Angeles
and ordered the force to be returned to the control of the state governor, Gavin Newsom.
The order by the US district judge Charles Breyer will not take effect until noon on Friday,
but it marked a stinging defeat for the Trump administration that is sure to touch off a pitched legal battle destined for the US supreme court.
In issuing a temporary restraining order against Trump, Breyer found the president had failed to show there was a “rebellion” in Los Angeles that required him to federalize the guard
and failed to comply with the procedural steps to notify the governor.“His actions were illegal
– both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.
He must therefore return control of the California National Guard to the Governor,” Breyer wrote.The request for the injunction is part of a lawsuit filed by the state of California challenging Trump’s move to call up more than 4,000 national guard troops and about 700 active-duty marines based in Twentynine Palms, California, over Newsom’s objections.
“Our success today in court is a win for all Americans,”
Newsom said in a statement shortly after the order.
“The president’s action to turn the military against its own citizens threatened our democracy and moved us dangerously close to authoritarianism.”
The decision came hours after a hearing in federal district court in San Francisco
where the justice department argued Trump had the sole and unreviewable power to decide whether there was a “rebellion” that needed federal intervention.
Breyer rejected both arguments in his sweeping 36-page opinion,
effectively rebuking the justice department for trying to suggest the conditions to take control of the guard had been met as long as Trump had decided himself that was the case.
“The president’s discretion in what to do next does not mean that the president can unilaterally and without judicial review declare that a vacancy exists in order to fill it.
That is classic ipse dixit,” Breyer wrote,
adding that the definition of rebellion had clearly not been met.Breyer was also skeptical of the justice department’s contention that Trump had followed the procedural step of ordering the guard “through” the governor
by only directly notifying the adjutant general of the California national guard, to whom Newsom had delegated authority.
“Regardless of whether Defendants gave Governor Newsom an opportunity to consult with them or consent to the federalization of California’s National Guard,
they did not issue their orders through him,” Breyer wrote.
#ipsedixit #judgebreyer -
Dan Mangan highlights a landmark decision by U.S. District Judge Charles Breyer, ruling Trump's federalization of parts of the California National Guard illegal. The ruling returns control to Governor Gavin Newsom, who denounced the action as overreach. Breyer emphasized the absence of conditions for federal intervention, marking a significant check on presidential military power. Read more about this pivotal ruling here: https://www.cnbc.com/2025/06/12/trump-guard-california-newsom602riya.html #Trump #CaliforniaNationalGuard #GavinNewsom #JudgeBreyer #ConstitutionalLaw #MilitaryIntervention #CivilRights
-
Dan Mangan highlights a landmark decision by U.S. District Judge Charles Breyer, ruling Trump's federalization of parts of the California National Guard illegal. The ruling returns control to Governor Gavin Newsom, who denounced the action as overreach. Breyer emphasized the absence of conditions for federal intervention, marking a significant check on presidential military power. Read more about this pivotal ruling here: https://www.cnbc.com/2025/06/12/trump-guard-california-newsom602riya.html #Trump #CaliforniaNationalGuard #GavinNewsom #JudgeBreyer #ConstitutionalLaw #MilitaryIntervention #CivilRights
-
Dan Mangan highlights a landmark decision by U.S. District Judge Charles Breyer, ruling Trump's federalization of parts of the California National Guard illegal. The ruling returns control to Governor Gavin Newsom, who denounced the action as overreach. Breyer emphasized the absence of conditions for federal intervention, marking a significant check on presidential military power. Read more about this pivotal ruling here: https://www.cnbc.com/2025/06/12/trump-guard-california-newsom602riya.html #Trump #CaliforniaNationalGuard #GavinNewsom #JudgeBreyer #ConstitutionalLaw #MilitaryIntervention #CivilRights