California Gov. Gavin Newsom, left, and President Donald Trump. (Getty Images)
In the 1997 case of Printz v. U.S., Justice Antonin Scalia ruled in favor of two county sheriffs in declaring that the federal government has no authority to commandeer or compel local law enforcement to take special actions.
However, in Martin v. Mott, Madison-appointed Justice Joseph Story wrote in a 6-0 opinion that the president has sole authority to determine when emergency use of state militias (national guards) is appropriate.
In court, Breyer said his ultimate decision will have far-reaching consequences for how presidents, including Trump, can deploy assets in other cities, Politico reported – as the president used the District of Columbia’s unique 1970s charter to briefly take control of its police force this week.
Acting Los Angeles ICE Director Ernesto Santacruz Jr. testified Monday that he received multiple reports of his officers being attacked in the days leading up to Trump’s deployment.
"We still had officer-assault situations, but they did reduce drastically" after Trump took control of the situation, he said.
FEDERAL JUDGE ASKS IF NATIONAL GUARD DEPLOYMENT IN LOS ANGELES VIOLATES POSSE COMITATUS ACT
However, Breyer has said the anti-immigration riots fell "far short of rebellion" – in terms of what would constitute federal intervention permitted under Posse Comitatus.
Newsom has argued that Trump went far afield of the 1878 law and violated the purview of California’s governor to control his own National Guard.
California National Guard Commander Maj. Gen. Scott Sherman testified Monday that he had opposed the request on Father’s Day for assistance in an operation that day, citing a minimal threat-assessment to officers at the time.
U.S. Customs & Border Patrol El Centro Sector Chief Agent Gregory Bovino did not agree with that assessment, according to reports of Monday’s testimony.
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The trial comes as a related Washington, D.C., situation comes to a head, with Trump using the city charter to attempt to bring order to the District.
U.S. Attorney for the District of Columbia Jeanine Pirro warned Monday that too many offenders – particularly juveniles – are getting away with violent crimes against innocent civilians.
"Young people are coddled, and they don’t need to be coddled anymore. They need to be held accountable. They shouldn’t be going to arts and crafts and family court," she said, as the Trump administration issued a verbal indictment of the D.C. City Council’s lax law enforcement posture.
Charles Creitz is a reporter for Fox News Digital.
He joined Fox News in 2013 as a writer and production assistant.
Charles covers media, politics and culture for Fox News Digital.
Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.
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