Earlier tonight, in Newsom v. Trump, Federal District Court Judge Charles Breyer issued a ruling against President Donald Trump's federalization of some 4000 California National Guard troops for the ostensible purpose of quelling violent protests against ICE deportations in Los Angeles. Judge Breyer's opinion strikes me as impressive and compelling, especially considering how quickly it was produced. The issue raised here is an important one, and part of a broader pattern of abuse of emergency powers by the Trump Administration.
As Judge Breyer explains, National Guard troops are normally under the control of their state governments, and can only be federalized in narrowly specified emergency circumstances. The statute Trump relied on to federalize California National Guard troops, 10 U.S.C. Section 12406, can only be used in one of the following situations:
