California Gov. Gavin Newsom argues that President Donald Trump's unilateral deployment of that state's National Guard was illegal and unconstitutional. On Thursday night, a federal judge in San Francisco agreed, issuing a temporary restraining order (TRO) that bars the Trump administration from "deploying members of the California National Guard in Los Angeles" and orders it to "return control of the California National Guard to Governor Newsom."
That TRO is on hold because of a stay imposed by the U.S. Court of Appeals for the 9th Circuit. But U.S. District Judge Charles Breyer's reasoning suggests that Trump attempted a legal shortcut without regard to statutory or constitutional constraints, which is part of a pattern for him.
"The Court must determine whether the President followed the congressionally mandated procedure for his actions," Breyer wrote. "He did not. 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 of the State of California forthwith."
