The legal fight over control of California’s National Guard continues
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LATEST IN NEWSOM V TRUMP
Gov. Gavin Newsom is claiming small victories and preparing to keep fighting his case against President Donald Trump’s move to take control of California’s National Guard amid immigration protests in Los Angeles.
The U.S. Court of Appeals for the Ninth Circuit found Trump probably met the legal threshold required by U.S. law in this instance but also that his decision was subject to judicial review. The three-judge panel upheld a lower court’s decision to temporarily pause an order that would’ve returned control of the National Guard to Newsom. This decision only relates to the issuing of a temporary restraining order and does not evaluate the merits of the underlying case.
Newsom responded to the decision on social media, highlighting particular aspects of it.
“The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” Newsom said on X Thursday night.
Senate Minority Leader Brian Jones, R-Santee called Newsom’s characterization of the decision “gav-lighting,” in reference to the term gaslighting.
“Newsom just lost in court *again* and now he’s spinning it as a win,” Jones wrote on X. “His pride is so blinding, he can’t even see the Constitution in front of him.”
California Attorney General Rob Bonta also remained steadfast in the fight against Trump. He invoked the words of past senior military leaders to say that the use of military force on U.S. soil should only occur in rare, serious and lawful instances. He argued that was not the case when Guard troops were deployed in LA.
“While the court did not provide immediate relief for Angelenos today, we remain confident in our arguments and will continue the fight,” Bonta said in a press release.
Senior District Judge Charles R. Breyer presided over a hearing in the case Friday but no arguments were heard. Instead, Breyer asked the parties to file written arguments on the issue of Posse Comitatus by Monday.
The Posse Comitatus Act is a nearly 150-year-old law that stops federal troops from participating in civilian law enforcement except when specifically authorized by law. Breyer is essentially asking parties in the case to tell him whether or not they believe the act has been violated in LA.
QUOTE OF THE DAY
“We ought to treat people with humanity. And if they don’t have the right to be here, then there should be a process to repatriate them. I think there should be a pathway to citizenship though for people who have been here a long time, but regardless I think we need to treat people as human beings.
— Sen. Adam Schiff, D-Calif. on Fox 11
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▪ Supreme Court says fuel producers can challenge California emissions restrictions, via David Lightman
▪ Layoffs at Sacramento-area charter school sparks fear for Afghan refugees, via Ishani Desai
▪ Sacramento LGBTQ+ crisis resources: What to know after Trump ends national hotline, via Veronica Fernandez-Alvarado