Federal Judge Rules Trump Violated Posse Comitatus Act in California Troop Deployment

by Emmitt Barry, with reporting from Washington D.C. Bureau Staff

SAN FRANCISCO (Worthy News) – A federal judge has ruled that President Donald Trump’s decision to deploy National Guard troops to Los Angeles this summer violated the 19th-century Posse Comitatus Act, siding with California Gov. Gavin Newsom in a constitutional showdown over states’ rights and presidential authority.

In a sharply worded opinion issued Tuesday, U.S. District Judge Charles Breyer — a Clinton appointee and brother of retired Supreme Court Justice Stephen Breyer — barred Trump from further deploying the Guard in Los Angeles, declaring the action unlawful. Breyer said the president’s order effectively transformed the military into a “national police force” under his personal control.

“Almost three months after Defendants first deployed the National Guard to Los Angeles, 300 National Guard members remain stationed there,” Breyer wrote. “Moreover, President Trump and Secretary Hegseth have stated their intention to call National Guard troops into federal service in other cities across the country … thus creating a national police force with the President as its chief.”

The ruling caps months of legal wrangling after Trump federalized 4,000 California Guard members and called in 700 U.S. Marines to suppress protests sparked by surprise immigration raids in Los Angeles. Newsom challenged the move, arguing that the 10th Amendment reserves command of the Guard to the states unless extraordinary conditions — such as rebellion or the collapse of civilian law enforcement — justify federal intervention.

While the Ninth Circuit temporarily allowed Trump’s deployment to continue, Breyer’s final injunction sharply restricts what federally activated Guard troops can do. They may protect federal property and personnel but are barred from performing arrests, searches, riot control, or any law enforcement activities unless Congress explicitly authorizes it. The order takes effect September 12, giving the Justice Department time to appeal.

California officials hailed the ruling as a win for constitutional checks and balances. “Today’s ruling affirms that President Trump is not King, and the power of the executive is not boundless,” said state Attorney General Rob Bonta.

The Trump administration argued that the Guard was not directly enforcing laws but merely protecting federal agents engaged in immigration enforcement. Officials credit the troop presence with preventing protests from spiraling out of control. Critics, however, contend the military escalation worsened tensions and infringed on civil liberties.

The decision underscores a broader conflict between Trump and Democratic-led states over the president’s aggressive use of federal force in domestic affairs. Trump has suggested he may federalize Guard units in other cities, including Oakland, San Francisco, Baltimore, and Chicago — a prospect that is likely to face renewed legal hurdles in light of Breyer’s ruling.

With California’s elections approaching and unrest simmering in other urban centers, the ruling sets up a defining constitutional clash over how far a president may go in deploying the U.S. military within the nation’s borders.

At its core, the case underscores a deeper divide: whether Washington has the authority to defend federal property and personnel when local leaders refuse to maintain law and order.

Latest Worthy News