"Judge Breyer is clearly aware of the stakes. "Los Angeles was the first U.S. city where President Trump and Secretary Hegseth deployed troops, but not the last," he wrote, noting that National Guard troops have descended on Washington DC to "stand with their law enforcement partners." Even today Trump is threatening to send troops to Oakland, Baltimore, Chicago, and San Francisco to "clean up" those cities as well."
"Parading through MacArthur Park in full battle rattle to demonstrate "presence" is less of a close call. The opinion serves as a roadmap for states and federal judges when the "national police force with the President as its chief" rolls onto their streets. And so, of course, the administration is trying to stick a shiv in it, immediately filing an emergency motion to stay during its appeal."
Judge Breyer ordered the administration to stop violating the Posse Comitatus Act after finding the Defense Department illegally used Marines and federalized National Guard troops to enforce civil law during a surge of immigration raids in and around Los Angeles. Secretary of Defense Pete Hegseth and subordinates deliberately countermanded instruction materials to authorize unlawful conduct. The judge concluded that commanders knowingly ordered troops to execute domestic law beyond their usual authority. The opinion clarifies that erecting a cordon and shutting down streets constitutes domestic law enforcement and warns that such deployments have extended to Washington, D.C., with threats to send troops to additional cities; the administration immediately filed an emergency motion to stay during its appeal.
Read at Above the Law
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