U.S. District Court Judge Breyer grants Newsom temporary restraining order, Trump ordered to return control of National Guard to Newsom.
Trump administration ordered to show cause why a preliminary injunction should not issue.
A hearing on this order to show cause will held on June 20.
Page 1: "At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith. "
Page 18: Judge Breyer's ruling: From there, the Court observes that the dictionary definitions from the turn of the century share several key characteristics. First, a rebellion must not only be violent but"
Page 19: also be armed. Second, a rebellion must be organized. Third, a rebellion must be open and avowed. Fourth, a rebellion must be against the government as a whole—often with an aim of overthrowing the government—rather than in opposition to a single law or issue. The protests in Los Angeles fall far short of “rebellion.”
Judge Charles Breyer is the brother of former Justice Stephen Breyer.
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