A federal judge on Tuesday ruled that President Donald Trump’s decision to send the National Guard to quell the anti-ICE riots in Los Angeles earlier this year was unconstitutional.
In a 52-page ruling, US District Judge Charles R. Breyer, a Clinton appointee, argued that the Trump administration’s actions violated the Posse Comitatus Act of 1878.
Breyer’s ruling bars the White House and federal officials from continuing the deployment of National Guard and Marines in Los Angeles for immigration enforcement and to handle protests. Breyer stressed that “Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law.”
The judge further argued that there was “no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.” Breyer characterized the Trump administration’s use of armed soldiers for law enforcement functions such as traffic blockades and crowd control as a violation of the 1878 legislation.
In his ruling, the judge noted that despite acknowledging that military forces were not supposed to be used for law enforcement, commanders still told troops they could carry out “security patrols, traffic control, crowd control, and riot control.”
BREAKING: District Judge Charles Breyer just “ordered” Trump to stop the deployment of the National Guard in California to protect federal staff and buildings.
— John Strand (@JohnStrandUSA) September 2, 2025
He will be reversed, of course, because this is insane.
Judicial tyranny is ruining our country.
This must be stopped. pic.twitter.com/lj3CpBEpPh
During the three-day trial, Breyer expressed skepticism about whether the White House should be empowered to go as far as it did in Los Angeles, according to Fox News.
Judge Charles Breyer’s opinion echoed remarks he made during a three-day trial last month when he questioned if presidents have any limits on when they can use the military for domestic purposes.
"I go back to the thing that I'm really troubled by: What limiting factors are there to the use of this force?" Breyer asked during the trial.
Trump federalized about 4,000 National Guard members in June to support federal authorities in California as they carried out immigration raids, despite Democratic Gov. Gavin Newsom's vehement objections.
Breyer’s decision comes as most of the National Guard members have since been demobilized. Attorneys for California said during the trial, though, that 300 of them remained, which they argued was a "significant" number.
"That's certainly a large enough number of soldiers to constitute a Posse Comitatus Act violation," a state attorney said.
While the judge’s decision may have minimal impact on the ground in California, the case could still have nationwide implications as Trump and Secretary of Defense Pete Hegseth deploy National Guard members in Washington, D.C., and threaten to do so in other blue cities to address street crime. The Trump administration is likely to appeal Breyer’s decision, which could result in the U.S. Court of Appeals for the Ninth Circuit and even the Supreme Court weighing in on the administration's unconventional use of the National Guard.
The Trump administration will likely appeal the ruling. President Trump recently indicated he intends to take similar action in major cities like Chicago, Baltimore, and others experiencing heightened crime rates.
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