The National Guard stands outside a downtown jail in Los Angeles on Sunday following two days of clashes with police during a series of immigration raids. (Spencer Platt/Getty Images)
Judges Mark Bennett and Eric Miller, both Trump appointees, and Judge Jennifer Sung, a Biden appointee, will hear the arguments.
For now, Trump and Secretary of Defense Pete Hegseth can continue to deploy thousands of National Guard soldiers in California, as well as hundreds of Marines. Trump and Hegseth indicated in court papers that military forces would be used strictly to protect federal personnel and federal buildings as they faced attacks by anti-Immigration and Customs Enforcement (ICE) rioters in recent days.
Department of Justice (DOJ) attorneys argued that a judge's decision to block the Trump administration from carrying out these military activities "would judicially countermand the Commander in Chief’s military directives," especially if the decision were issued through a temporary restraining order, like what Breyer issued Thursday night.
"That would be unprecedented. It would be constitutionally anathema. And it would be dangerous," the DOJ attorneys said.
President Donald Trump addresses a crowd of servicemen and servicewomen during a celebration open to the public in honor of the 250th anniversary of the U.S. Army in Fort Bragg, North Carolina, on Tuesday. (Melissa Sue Gerrits/Getty Images)
Trump’s critics have coined the day "No Kings Day" and are planning to voice their objections to the president’s show of force at protests around the country on Saturday. California alone is expected to see dozens of protests.
CLICK HERE TO GET THE FOX NEWS APP
While Trump is in the nation’s capital, the protesters will be "literally everywhere else," Ezra Levin, one of the organizers, told the left-leaning Contrarian on Substack.
"It’s the 250th anniversary of the Continental Army, which was formed to push back against a mad king," Levin said, noting the protests would be peaceful and serve as a recruitment tool in the "pro-Democracy fight" against Trump.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/trump-newsom-collision-course-fight-over-national-guard-intensifies-court