#judge charles breyer
Who Is Judge Charles Breyer? Landmark Rulings, Biography & Why He’s in the Spotlight Today
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A federal court in San Francisco delivered a stinging rebuke to former President Donald Trump on Tuesday when U.S. District Judge Charles R. Breyer issued an emergency order halting the administration’s deployment of National Guard troops to Los Angeles. In a 34-page opinion, Breyer— a Clinton appointee and brother of retired Supreme Court Justice Stephen Breyer—ruled that the operation violated the 1878 Posse Comitatus Act, which restricts the use of the U.S. military for domestic law-enforcement purposes.
Breyer’s ruling came in response to a lawsuit filed by California Gov. Gavin Newsom and the City of Los Angeles, who argued that the White House had overstepped its authority by federalizing the Guard to conduct anti-gang and immigration sweeps in the city’s Pico-Union and South Central neighborhoods. The judge agreed, writing that “the Constitution assigns primary responsibility for policing to the states” and that the president “may not wield military power as a domestic police force absent explicit congressional authorization.”
The decision immediately suspends troop activities, blocks further deployments, and orders the Department of Defense to remove all Guard personnel from patrol duty within 72 hours. Breyer emphasized that the injunction was necessary to “prevent irreparable harm to civil liberties” while the broader case proceeds.
Legal experts say the case could redefine the limits of presidential power over the National Guard. “This is one of the most consequential Posse Comitatus rulings in decades,” said University of California constitutional law professor Maria Sanchez. “If upheld on appeal, it will make it far harder for any president to deploy troops inside the United States without Congress.”
The Justice Department has already filed a notice of appeal with the Ninth Circuit, arguing that the Guard’s mission was narrowly tailored to assist local law enforcement and therefore permissible under existing statutes.
Judge Breyer has a history of high-profile national-security cases, including his 2017 ruling that partially blocked the Trump travel ban and his oversight of federal sentencing reforms. His latest decision adds to a growing list of judicial setbacks for the former president as he campaigns for the 2026 midterm elections.
What happens next?
• The Ninth Circuit could rule within weeks on the administration’s request for a stay.
• If the injunction stands, the White House may seek an emergency appeal to the Supreme Court.
• Congress faces renewed pressure to clarify the scope of the Posse Comitatus Act and the Insurrection Act, statutes that date back to Reconstruction.
For Los Angeles residents like community organizer Rosa Delgado, Tuesday’s ruling brings relief. “We don’t need soldiers on our streets,” she said outside City Hall. “We need investment in housing and jobs.”
As the legal battle escalates, Judge Charles Breyer’s name is likely to dominate headlines— and search results—well beyond California’s borders.
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