UpdateJune 21:  The Ninth Circuit  Court of Appeals has ruled that Trump can retain control of the National Guard. ECM news partner 10 news reports.  It remains to be seen whether California will appeal the decision to the U.S. Supreme Court.  The Ninth Circuit ruling overturns the lower court ruling discussed in our June 12 article below.

By Miriam Raftery

June 12, 2025 (Oakland, CA) – In a blistering decision, U.S. District Court Judge Charles Breyer today ordered control of California’s National Guard be returned to the Governor, though the Judge stayed his order until tomorrow afternoon to allow the Trump administration time to file for an emergency appeal.

The judge’s order states that in ordering thousands of California National Guard members to Los Angeles amid civil unrest  over mass immigration enforcement, President Donald Trump’s actions were “illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.”

Judge Breyer rejected an argument by a Trump administration lawyer, who had claimed courts do not have authority to review a president’s decision on whether the National Guard was needed.

“That’s the difference between a constitutional government and King George,” stated Judge Breyer, a Clinton appointee and brother of former Supreme Court Justice Stephen Breyer.