BNCL Law Firm - Burris, Nisenbaum, Curry & Lacy

California Fights Back: A Constitutional Clash Over Trump’s Military Deployment to L.A.

June 12, 2025

Introduction

California is challenging an extraordinary claim of presidential power after President Trump ordered thousands of National Guard troops and Marines into Los Angeles during immigration protests—without Governor Newsom’s consent hklaw.com+3brickergraydon.com+3jacksonlewis.com+3thetimes.co.uk+10politico.com+10calmatters.org+10. A federal judge has ruled the deployment illegal under the Tenth Amendment, triggering a high-stakes legal showdown huffingtonpost.es+7politico.com+7time.com+7.

The Legal Battle

In Newsom v. Trump, California argued that the president overstepped his bounds under federal law (Title 10 U.S.C. § 12406), which requires gubernatorial consent to federalize the state’s National Guard huffingtonpost.es+12gov.ca.gov+12oag.ca.gov+12. U.S. District Judge Charles Breyer agreed, granting a temporary restraining order that led to a high-profile court hearing in the Ninth Circuit apnews.com+2time.com+2wsj.com+2.

What the Courts Said

Judge Breyer recognized Congress’s intent to maintain state authority under the Tenth Amendment and concluded that the president exceeded his statutory powers time.com. The Ninth Circuit is now weighing in, and although some judges appeared open to the White House argument, they made clear that constitutional limits exist calmatters.org.

Why It Matters for Civil Rights

This deployment sets a worrying precedent: federal troops in civilian life can chill civil rights, especially First Amendment freedoms like protest. BNCL sees this not just as political theater but as a concerning expansion of power that threatens local governance and personal liberties.

BNCL’s Position

States must have authority over their own National Guard units. When those forces patrol streets without local consent, communities—especially those already marginalized—stand vulnerable to misuse. BNCL stands with California and defends democratic governance, peaceful protest, and legal oversight.

Take Action

  • Residents should stay informed about court developments and support legal efforts protecting civilian control over armed forces.
  • Community groups and nonprofit organizations must ensure that authorities respect civil and constitutional rights during protests.

What Comes Next

The Ninth Circuit’s decision could shape national policy—and potentially reach the Supreme Court. BNCL will continue monitoring the case and evaluating its implications for civil rights and emergency powers.

Conclusion

In Newsom v. Trump, California isn’t just fighting for its sovereignty—it’s defending democratic principles that protect all Americans. BNCL supports its stand steadfastly.

Case Results

Reginald Oliver v. City of Oakland

Oakland Police keep fabricating evidence and lying about minorities to arrest and prosecute them for supposed “gang” crimes, in violation of a settlement that prohibits …

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Named plaintiff Reginald Oliver claims the Oakland PD continues violating the Constitution, in defiance of the settlement in Delphine Allen e al. v. City of Oakland, USDC No. C-00-4599 TEH, also known as "The Riders" litigation. Read Full Course
John Burris
Jane Smith v. City of Oakland

Racial profiling of Asian women by police officer resulting in a class action complaint for damages, declaratory and injunctive relief

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Finding evidence about defendant's post-conviction parole violation unfairly prejudicial "since the jury could have construed that parole violation as character evidence in violation of Federal Rule of Evidence 404(b)" Read Full Course
Rodney King
Rodney King v. City of Los Angeles

Rodney King has filed a petition for a writ of mandamus seeking to have Judge John G. Davies disqualified from presiding at the trial of …

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Rodney King waited too long to file a malpractice suit against the first of 27 lawyers who represented him in connection with the infamous beating he suffered from Los Angeles police in 1991, this district’s Court of Appeal ruled yesterday. The ruling by Div. Two affirmed Los Angeles Superior Court Judge Ann Kough’s grant of summary judgment to Steven Lerman. King earlier this year dismissed his appeal of Kough’s ruling in favor of two other lawyers sued in the case, Federico Sayre and John Burris. Read Full Course
FEATURED News & Updates

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Written by Janie Har, AP researcher Rhonda Shafner also contributed to this report. To read on AP News click here OAKLAND, Calif. (AP) — Before …

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