Only hours after a federal district judge ordered Trump to return control of the California National Guard to Governor Gavin Newsom, a three judge federal appeals court blocked the lower court‘s order.
The Orlando Sentinel reported:
The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge’s order that directed President Donald Trump to return control of National Guard troops to California after he deployed them there following protests in Los Angeles over immigration raids.
The court said it would hold a hearing on the matter on June 17. The ruling came only hours after a federal judge’s order was to take effect at noon Friday.
Earlier Thursday, U.S. District Judge Charles Breyer ruled the Guard deployment was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority. The order applied only to the National Guard troops and not Marines who were also deployed to the LA protests. The judge said he would not rule on the Marines because they were not out on the streets yet.
California Gov. Gavin Newsom, who had asked the judge for an emergency stop to troops helping carry out immigration raids, had praised the earlier ruling.
“Today was really about a test of democracy, and today we passed the test,” Newsom said in a news conference before the appeals court decision.
The White House had called Breyer’s order “unprecedented” and said it “puts our brave federal officials in danger.”
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