The Newsom administration has filed a lawsuit against President Donald Trump over the deployment of the National Guard and Marines in California to control immigration-related riots, claiming it constitutes federal overreach and violates state sovereignty. The case is being heard by Judge Charles Breyer, the brother of Supreme Court Justice Stephen Breyer, who is expected to address the constitutional limits of presidential authority under the Posse Comitatus Act and the 10th Amendment. The trial has the potential to set a precedent for how future presidents may deploy military forces domestically.
The legal battle centers on whether the use of the military for domestic law enforcement, as done by Trump, infringes on state authority. The Posse Comitatus Act, enacted in 1878, generally prohibits the use of the U.S. military for law enforcement unless authorized by Congress or the Constitution. Judge Breyer has indicated his decision will have wide-reaching consequences, potentially shaping how presidents can manage crises involving state militias like the National Guard.
Acting Los Angeles ICE Director Ernesto Santacruz Jr. testified that the deployment led to a significant reduction in officer-assault incidents, though he acknowledged ongoing threats. Meanwhile, California National Guard Commander Maj. Gen. Scott Sherman expressed initial opposition to the request, citing low threat levels, while U.S. Customs & Border Patrol Chief Agent Gregory Bovino supported the action. The case also intersects with a related situation in Washington, D.C., where Trump has used the city’s unique charter to assert control over its police force, drawing criticism from the U.S. Attorney for the District of Columbia.