(NewsNation) — The Trump administration will appeal a court ruling that blocked the use of the National Guard in California and found it illegal.
Tuesday’s ruling from Judge Charles Breyer found that the deployment of the National Guard and active-duty Marines violated the Posse Comitatus Act, which prohibits the use of the military for domestic law enforcement unless authorized by Congress.
Breyer allowed some troops to remain in the city but put significant restrictions on their activities.
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The Trump administration argued the deployment was lawful because the troops were protecting federal activity.
Trump federalized California’s National Guard over the objections of local leaders after protests broke out in Los Angeles in response to federal immigration raids.
The court battle is significant as Trump has said he intends to deploy the National Guard in other Democrat-run cities to fight crime.
He has deployed the National Guard in Washington, D.C., an area in which the federal government has more authority to act because the capital is not a state.
Trump has said he plans to send the National Guard to Chicago over the objections of Mayor Brandon Johnson and Illinois Gov. JB Pritzker, who have vowed to fight the effort.
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On Wednesday, Trump suggested he might send troops to New Orleans instead, stating that the administration was weighing the choice between the two cities.
The president said Louisiana Gov. Jeff Landry, a Republican, had requested the troops and that the state, also home to House Speaker Mike Johnson, is less likely to mount a legal challenge to the deployment of the National Guard.
