A federal appeals court on Thursday temporarily lifted restrictions placed on President Donald Trump’s use of the National Guard in Los Angeles, reversing a lower court order.
In a brief order totaling less than 100 words and consisting of a single paragraph, the 9th U.S. Circuit Court of Appeals granted a request from the administration to block a Sept. 2 decision by San Francisco-based U.S. District Judge Charles Breyer.
In a court order on Tuesday, Breyer accused the administration of violating the Posse Comitatus Act, a law that restricts the president’s authority to use the military for domestic law enforcement purposes.
The order barred the federal government from using the California National Guard or any military troops deployed in the state to engage in arrests, apprehensions, crowd control, and other activities. Meanwhile, Breyer permitted federal troops to remain stationed in and around federal property.
Enforcement of the ruling was delayed until Sept. 12, in order to allow the administration time to appeal.
In the Sept. 4 order, three judges on the 9th Circuit Court of Appeals said that the ruling “is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits, and does not constitute in any way a decision as to the merits” of the appeal.
The administration initially sent thousands of National Guard troops and Marines to Los Angeles in June as protests and riots broke out against Immigration and Customs Enforcement operations in the city.
Most have been sent home by this point, though 300 remain in the city.
This story is breaking and will be updated.
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