On Thursday night, the U.S. 9th Circuit Court of Appeals temporarily halted a lower court’s order that would have required former President Donald Trump to return control of California National Guard troops to Governor Gavin Newsom. On Thursday, the 9th Circuit Court of Appeals paused a lower court order for Trump to return control of California National Guard troops to Newsom. (Photo by RONALDO SCHEMIDT / AFP)(AFP)

The 9th Circuit Court, based in San Francisco, is one of the most powerful federal appeals courts in the country. It covers nine western states, including California. The three-judge panel reviewing this case includes two Trump appointees and one appointed by President Biden. A full hearing is set for Tuesday.

The decision followed a 36-page ruling by U.S. District Judge Charles Breyer earlier that day, who said Trump had overstepped his legal authority. Breyer wrote that Trump’s move to federalise the Guard during protests over immigration raids was unlawful, saying the action “violated the 10th Amendment to the United States Constitution.”

“The protests in Los Angeles fall far short of ‘rebellion,’” Breyer wrote. “The evidence is overwhelming that protesters gathered to protest a single issue—the immigration raids.”