Contrary To Law

The Founders designed our government to be a system of checks and balances.  Defendants, however, make clear that the only check they want is a blank one.  Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way -- let alone significantly.  What's more, Defendants have sent California Guardsmen into other states, effectively creating a national police force made up of state troops.  In response to Plaintiffs' motion to enjoin this conduct, Defendants take the position that, after a valid initial federalization, all subsequent re-federalizations are completely, and forever, unreviewable by the courts.  Defendants' position is contrary to law.  Accordingly, the Court ENJOINS Defendants' federalization of California National Guard troops.

-- US District Judge Charles R. Breyer ruling in Gavin Newsom, et al., v Donald J. Trump, et al., that defendants must return control of the California National Guard to Governor Newsom (10 December 2025)