POLITICS
Who's in Charge? The LA Troops Tug-of-War
Los Angeles, USASat Jun 21 2025
The legal fight between Donald Trump and Gavin Newsom over who controls the National Guard troops in Los Angeles has hit a snag. A federal judge has asked for more information before making a decision. The judge wants to know who has the power to issue an injunction under the Posse Comitatus Act. This act is a law from 1878 that limits the use of the military for domestic law enforcement.
The conflict started when Trump federalized the California National Guard without Newsom's approval. This move came after protests erupted in response to ICE raids in Los Angeles. Since then, the two sides have been trading barbs in public and in court. Citizens have been protesting, federal buildings have been turned into detention centers, and a curfew was imposed in downtown LA.
The judge, Charles Breyer, is trying to figure out his role in this legal battle. He wants to know if he or the appeals court has the authority to modify or grant an injunction. This is not the first time Breyer has delayed a decision. Earlier this month, he also pushed back on a request for an emergency restraining order.
The judge's hesitation comes as tensions in LA over the troops' presence have eased, even as ICE raids have intensified. Breyer has indicated that he might hold a hearing, but he's not sure yet. He wants the lawyers to tell him what to do next. This is a complex legal issue, and the judge is taking his time to make sure he gets it right.
The Posse Comitatus Act is a old law with some vague areas. It generally prevents the military from acting as a police force within the United States. However, there are exceptions, such as when Congress votes for a specific deployment or when the President invokes the Insurrection Act. The judge's decision could put this law under scrutiny, potentially leading to a Supreme Court showdown.
The White House has justified its actions by claiming that the situation in LA had spiraled out of control. They argue that the feds had to step in quickly. However, local officials have strongly disagreed with this assessment. The upcoming briefs from the lawyers on both sides will provide more insight into this complex legal battle.
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questions
What role does the Insurrection Act play in the federal government's justification for deploying troops in Los Angeles?
How might the Supreme Court intervene if the lower courts cannot resolve the jurisdictional dispute?
How many briefs does it take to confuse a federal judge?
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