Trump’s extended control of California Guard to be weighed in federal court
A federal court in San Francisco will hear arguments on whether the Trump administration acted legally when it extended the president’s control over the California National Guard beyond the 60 days initially authorized, the judge hearing the case said Tuesday.
The decision by U.S. District Judge Charles Breyer to lift his stay, or pause, of proceedings in the case is a victory for California Gov. Gavin Newsom, who said in court filings that President Donald Trump was using his authority to call up the state Guard as a “blank check” to use the soldiers in other parts of the country where their presence was not warranted.
Breyer’s order is the latest example of legal wrangling taking place in courthouses across the country, as Trump has moved to send Guard troops to Democratic-led cities. The effort began in California, when Trump in June took control of the California Guard over Newsom’s objections, saying it was necessary to protect federal immigration officials who were encountering violent protests while conducting sweeps in Los Angeles, the nation’s second-largest city.
Newsom sued, and in the months since, both sides have racked up a series of wins and setbacks. Breyer has ruled several times in Newsom’s favor, but the 9th Circuit Court of Appeals has made rulings that benefitted Trump.
When Trump in August extended his control of the California Guard even though most of the 3,000 soldiers activated in Los Angeles had been sent home, Newsom contested it. But his motion was put on hold as the appeals court considered whether Breyer had jurisdiction over that part of the case.
Newsom said in court papers late last week that Trump continued to station 200 California Guard soldiers in Oregon despite a judge’s order in a different lawsuit that barred them from being used in Portland, a city that the president claimed was “war-ravaged.” Another 14 members of the state reserve were sent to Chicago, where a similar case is playing out.
On Tuesday, Breyer said that he does have jurisdiction over this part of the case, and would re-open proceedings on Newsom’s motion to end Trump’s extended control of the California Guard.
He gave Newsom 10 days to file a new request for a preliminary injunction against the extended control. He gave the Trump administration an additional three days to respond to the request.
This story was originally published November 4, 2025 at 12:35 PM with the headline "Trump’s extended control of California Guard to be weighed in federal court."
