A U.S. federal judge on the 2nd ruled that the Trump administration’s June order to deploy the National Guard to Los Angeles, California to quell protests violated the Militia Act, and thus issued an order prohibiting further enforcement, effective September 12th, to allow the Trump administration time to appeal. Foreign media reported that this ruling would be a major blow to Trump’s plans to use the military for domestic law enforcement in the United States.
White House spokesperson Kayleigh criticized Judge Breyer for once again attempting to usurp the President’s authority as Commander-in-Chief, depriving him of his right to protect American cities from violence and destruction, and stated that they would appeal the ruling.
The court indicated that the Trump administration previously deployed around 4,000 National Guard members and 700 active-duty Marines to Los Angeles to respond to protests that erupted during immigration enforcement actions, and there was evidence showing that the federal government had systematically used armed soldiers and military vehicles to set up blockades and barriers in Los Angeles, control crowds, and otherwise display a military presence. Breyer believed that the use of such military forces violated the Militia Act, passed in 1878, which prohibits the use of the military in enforcing domestic laws.
Breyer stated: “While federal law enforcement officials should be protected in the performance of their duties, using that as a pretext for unlimited deployment of troops and law enforcement side by side is clearly contrary to the legislative intent of the Militia Act.”
Lawyers for the Trump administration argued that the Constitution gives the President the authority to protect federal personnel and property, making this a legitimate exception; however, the court rejected this view, saying that if this precedent were allowed to stand, it could result in an ‘unprecedented transformation’ of the military’s role, and would blur the line between civilian and military authority in the U.S.
● Ban to Take Effect September 12
The ruling will be delayed until September 12th to allow the Trump administration time to appeal. The order limits military involvement in arrests, searches, seizures, traffic and crowd control, and applies only to California. However, legal experts anticipate that the ruling will have a profound impact on related lawsuits in other states.
After the court decision was announced, Trump expressed dissatisfaction with the ruling at a press conference, and reiterated that he would deploy the National Guard to multiple cities, including Chicago and Baltimore, if necessary: “Chicago right now is like hell, I have a responsibility to protect the country.” He emphasized that the deployment of troops was to ensure the safety of federal law enforcement personnel, especially in the face of anti-immigration enforcement protests.
The case was originally brought by California Governor Newsom, who subsequently posted on social platform X: “The people of California have won a victory against Trump’s illegal militarization of city policy!”