Round two of the legal fight between President Donald Trump and California Gov. Gavin Newsom on June 17 could determine whether Trump can keep control of the National Guard to protect immigration enforcement agents and suppress protesters in Los Angeles.
A federal appeals court will hear arguments in San Francisco during a remote hearing regarding California’s challenge to Trump’s mobilization of the troops.
Last week, U.S. District Judge Charles Breyer in San Francisco issued a temporary restraining order that would have blocked Trump’s deployment of the California National Guard and returned control of the troops to Newsom, who did not approve the Guard’s activation. Breyer’s order called Trump’s actions “illegal.” Newsom later told reporters he was “gratified” with Breyer’s decision.
“Today was really about a test of democracy, and today we passed the test − we the people passed the test,” Newsom said.
But the Trump administration swiftly appealed the ruling, arguing that the protests amounted to a “rebellion.” Trump’s team called Breyer’s decision “unprecedented” and said it was an “extraordinary intrusion on the President’s constitutional authority as Commander in Chief.” The appeal led to an appeals court granting an administrative stay, halting the federal judge’s ruling and allowing Trump to maintain control of the troops.
Now, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit’s hearing comes as local organizers vow to continue protesting against immigration raids, despite demonstrations in downtown Los Angeles having somewhat calmed since the weekend.
More than just ICE raids: Trump’s battle with Newsom, California expands beyond immigration
Hearing takes place as LA protests have simmered, curfew reduced
The hearing will take place after about 4,000 National Guardsmen and 700 Marines were ordered to Los Angeles following protests over the raids by the U.S. Immigration and Customs Enforcement (ICE). Newsom, Los Angeles Mayor Karen Bass and other leaders repeatedly claimed that Trump inflamed the protests by sending in the military when it wasn’t necessary.
Los Angeles police said more than 500 arrests have been made related to protest activity since June 7.
The appeals court hearing also comes a day after Bass announced she has reduced the city’s curfew hours after authorities made no overnight arrests on June 15 for the first time since protests began.
“The curfew, coupled with ongoing crime prevention efforts, have been largely successful in protecting stores, restaurants, businesses and residential communities from bad actors who do not care about the immigrant community,” Bass said in a statement.
“I want the Downtown Los Angeles community of residents, business owners and events venues to know that my priority will continue to be ensuring safety, stability and support in the Downtown neighborhoods,” Bass said.
‘I hate it’: LA residents who surveyed vandalism fear more violence in future protests
LAPD ‘not letting our guard down’
Los Angeles Police Chief Jim McDonnell said the adjusted curfew reflects the progress authorities have made in reducing crime and vandalism within the city’s curfew zone.
“We’re not letting our guard down,” McDonnell said in a statement. “The LAPD will maintain a strong presence in the downtown area to ensure the safety of residents, businesses, and demonstrators alike.”
Bass has not indicated when the curfew will end. The mayor first announced the curfew on June 10 from 8 p.m. to 6 a.m. “to stop the vandalism, to stop the looting,” she said.
The curfew’s boundaries will cover the same one-square-mile stretch of downtown Los Angeles where the protests have largely taken place.
This article originally appeared on USA TODAY: Can Newsom reclaim Guard troops in LA from Trump? Hearing set today
