(The Center Square) – A federal district court judge blocked President Donald Trump’s federalization of the California National Guard, finding conditions failed to meet the standard of insurrection or inability to execute laws, and that the president’s order violated the Tenth Amendment by interfering with state police powers and resources.
Trump’s “actions were illegal – both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” wrote United States District Judge Charles Breyer. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Breyer, appointed by President Bill Clinton, concluded that while there was significant violence, that violence alone was not sufficient for a finding of rebellion, and that ICE’s continued operations demonstrated that the president was still able to execute the laws of the United States.”
Breyer also said that federalization of the guard must be done “through” the governor, and that the president’s order failed to meet this requirement.
Breyer’s order said that Trump’s use of the National Guard also violated the Tenth Amendment of the U.S. Constitution, which reserves powers not granted to the federal government to the states and the people, by interfering with California’s police power.
“Plaintiffs and the citizens of Los Angeles face a greater harm from the continued unlawful militarization of their city, which not only inflames tensions with protesters, threatening increased hostilities and loss of life, but deprives the state for two months of its own use of thousands of National Guard members to fight fires, combat the fentanyl trade, and perform other critical functions,” continued Breyer. “Accordingly, the Court concludes that Plaintiffs have demonstrated that the balance of equities tips in their favor and that an injunction restraining the President’s use of military force in Los Angeles is in the public interest.”
California Gov. Gavin Newsom held a press conference celebrating his victory as a defense of the United States Constitution and federalism.
“The Constitution sets forth limits, and that includes the President of the United States,” said Newsom in a statement. “Today, the people won.”
This article was originally published at www.thecentersquare.com
