Governor Newsom’s Lawsuit Against President Trump Over National Guard Deployment Heads to Bench Trial
A constitutional battle is set to begin Monday, as a bench trial opens in a federal court case pitting California Governor Gavin Newsom against President Donald Trump. At issue is a question about the balance of power between the states and the federal government: When can a president deploy military forces to a state without the governor’s consent?
The lawsuit stems from a contentious summer in which President Trump ordered the deployment of federalized National Guard troops to Los Angeles to quell protests sparked by Immigration and Customs Enforcement raids. The demonstrations, which the President characterized as a “breakdown of order,” were deemed by Governor Newsom to be under the control of state forces.
The trial, presided over by Judge Charles R. Breyer, will examine the legality of President Trump’s actions. The administration justified the deployment under Title 10 of the U.S. Code, which allows the President to federalize the National Guard in cases of “rebellion” or “invasion.” However, California’s lawsuit argues that no such conditions existed and that the President’s actions constituted an illegal overreach of authority.
This is the first time since the Civil Rights Movement that a president has deployed federal troops without a governor’s request, a point that is central to California’s legal challenge. The state’s case, which previously saw Judge Breyer order the return of the troops to state control, hinges on the argument that President Trump violated both federal code and the Tenth Amendment, which reserves powers not delegated to the federal government to the states.
The outcome of this trial is expected to have far-reaching implications, setting a precedent for the extent of presidential authority to intervene in state-level unrest. As the nation watches, the court will weigh the Insurrection Act, which the Trump administration cites as justification, against the Posse Comitatus Act and the principle of state sovereignty.
