Most Popular Choices
Share on Facebook 12 Printer Friendly Page More Sharing Summarizing
Exclusive to OpEdNews:
OpEdNews Op Eds   
  

Judge Breyer's Ruling is a Vital Defense of Civil Liberties

By       (Page 1 of 1 pages)   No comments

Mark Lansvin
Follow Me on Twitter     Message Mark Lansvin


(Image by U.S. Army National Guard photo by Staff Sgt. Eddie Siguenza)   Details   DMCA

In a resounding victory for the rule of law and state sovereignty, U.S. District Judge Charles Breyer has ruled that former President Donald Trump's decision to federalize California's National Guard violated the Posse Comitatus Act, a cornerstone federal law dating back over 150 years that prevents the military from being used for domestic law enforcement. This decision, handed down amid escalating tensions over immigration policy, underscores the dangers of executive overreach and highlights the principled leadership of California Governor Gavin Newsom in pushing back against such abuses.

The case stems from Trump's June directive to seize control of approximately 4,000 National Guard members from California, deploying them along with a contingent of Marines to quell protests and support immigration raids targeting anti-Immigration and Customs Enforcement (ICE) activities. Despite Newsom's vocal objections, Trump proceeded, framing the move as necessary for border security. However, Judge Breyer, a seasoned jurist appointed by President Bill Clinton, saw through this facade. In his ruling, Breyer emphasized that even the presence of the remaining 300 Guard members constituted a clear violation of the Posse Comitatus Act, which safeguards against the militarization of civilian affairs. California's legal team effectively argued that the troops' training on compliance with this very act further proved its applicability, exposing the administration's actions as not just misguided but unlawful.

Governor Newsom deserves immense credit for his steadfast opposition. As a Democrat committed to progressive values, Newsom has consistently championed states' rights when it comes to protecting vulnerable communities from federal overreach. His refusal to cede control of the Guard to Trump's agenda was not mere partisanship but a defense of constitutional principles. In a state as diverse as California, where immigration is a lifeline for economic and cultural vitality, Newsom's stance prevented what could have escalated into a broader suppression of dissent. This ruling validates his approach and sets a precedent that could influence Trump's ongoing threats to deploy the Guard in other "blue cities" for crime control, potentially averting a nationwide slide toward militarized governance.

Contrast this with Trump's reckless behavior. Throughout his presidency, Trump has shown a pattern of disregarding legal boundaries in pursuit of his hardline immigration policies. By ignoring the Ninth Circuit's earlier guidance on judicial deference only to have it backfire. Trump's administration, led by Secretary of Defense Pete Hegseth, prioritized political theater over lawful process. Critics argue this isn't about security but about stoking division, using the military as a tool to intimidate opponents. Breyer's decision, likely headed for appeal, serves as a crucial check on such authoritarian impulses, reminding us that no president is above the law.

In an era where democratic norms are under siege, Judge Breyer and Governor Newsom stand as beacons of integrity. Their actions protect not just California but the entire nation from the erosion of civil liberties. As the case potentially ascends to the Supreme Court, it's a moment for all Americans to rally behind the judiciary's role in preserving our republic.

Rate It | View Ratings

Mark Lansvin Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Mr. Lansvin is a strategic advisor on a range of issues for various NGOs and governments around the globe.

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter

Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Kamala Harris can win the election

The monumental shift taking place in the Middle East

Climate change getting worse: Are we doomed?

An ISIS attack on America or Europe is just a matter of time

Is Putin losing his war on Ukraine?

A Growing Crisis: Understanding the Surge in Homelessness Across the United States

To View Comments or Join the Conversation:

Tell A Friend