A federal judge in San Francisco has blocked President Donald Trump from deploying the National Guard to Los Angeles, ruling that the move violated the Posse Comitatus Act, as reported by The Gateway Pundit.
U.S. District Judge Charles Breyer, appointed by former President Bill Clinton and the brother of retired Supreme Court Justice Stephen Breyer, issued the ruling Tuesday.
The decision marks the latest development in a legal battle that began in June after President Trump ordered National Guard troops into Los Angeles during violent riots earlier this summer.
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In his order, Judge Breyer accused Trump of attempting to create a “national police force” under his authority.
“Almost three months after Defendants first deployed the National Guard to Los Angeles, 300 National Guard members remain stationed there. Moreover, President Trump and Secretary Hegseth have stated their intention to call National Guard troops into federal service in other cities across the country—including Oakland and San Francisco, here in the Northern District of California—thus creating a national police force with the President as its chief,” Breyer wrote.
BREAKING: Judge Breyer rules that President Trump’s deployment of the military to Los Angeles violated the Posse Comitatus Act, says Trump is using military as a “national police force with the president as its chief.”
Injunction granted.https://t.co/0Staxrvxxu pic.twitter.com/hDM86GWMCx
— Kyle Cheney (@kyledcheney) September 2, 2025
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The dispute began when California Governor Gavin Newsom filed a lawsuit against Trump, arguing that his decision to federalize the California National Guard violated the Tenth Amendment.
Breyer initially granted Newsom a temporary restraining order, finding that Trump’s actions were unlawful.
The Trump administration appealed to the Ninth Circuit Court of Appeals, which issued a temporary stay that allowed the Justice Department to keep National Guard forces in place temporarily.
At the peak of the deployment, approximately 4,000 National Guard troops were federalized, alongside 700 U.S. Marines, in response to widespread violence in Los Angeles.
Tuesday’s injunction formally blocked the President from continuing the deployment in Los Angeles, handing a legal victory to Governor Newsom.
Breyer’s ruling also prevents federal authorities from moving forward with plans to expand National Guard deployments to other California cities.
The Department of Justice has not yet indicated whether it will seek further review of the decision, including the possibility of an appeal to the Supreme Court.
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