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Judge Rules Trump's California National Guard Deployment Illegal

Justice Stephen Breyer at a Harvard Kennedy School talk in 2015. Jon Chase/Harvard file photo

A U.S. federal judge has ruled that former President Donald Trump’s deployment of the National Guard and Marines to Los Angeles in the summer of 2025 was illegal.

In a 52-page decision issued on September 2, 2025, Judge Charles Breyer of the U.S. District Court in San Francisco determined that the Trump administration violated the Posse Comitatus Act, a federal law dating back to 1878 that prohibits the use of the U.S. military for domestic policing.

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California Wins Legal Battle Against Federal Overreach

The lawsuit was filed by the State of California, led by Governor Gavin Newsom, after heavily armed troops were deployed across the Los Angeles area to enforce security perimeters, man roadblocks, and control crowds.

Judge Breyer’s ruling temporarily blocks any future federal troop deployments for law enforcement purposes in California unless explicitly authorized by Congress.

The court has given the government until September 12, 2025, to file an appeal.

Breyer Warns Against "National Police Force"

In his opinion, Judge Breyer criticized the administration’s claim that the troops were deployed solely to “protect” federal officers.

“The evidence shows that these forces were used to perform core police functions,” Breyer wrote.
“Creating a national police force under the President’s command raises serious constitutional concerns.”

This landmark ruling reinforces the separation between the military and civilian law enforcement in the United States, a principle deeply rooted in American democracy.

What's Next for the Trump Administration

The former president’s legal team has signaled its intention to appeal the ruling, arguing that the deployment was necessary to restore order amid escalating protests.

If upheld, this decision could set a precedent limiting future presidents’ authority to deploy military forces within U.S. borders without congressional approval.

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