Trump can deploy California National Guard to LA after appeals court steps in

• The judges, two appointed by President Trump and one by former President Biden, scheduled a hearing in the case for Tuesday.

The big picture: The administration has activated some 4,000 National Guard members and mobilized hundreds of Marines in response to LA protests sparked by immigration enforcement actions including ICE raids.

• Newsom has slammed the move as "purposefully inflammatory" and has been locked in a tense standoff with Trump for days.
• The unrest has spread, with demonstrations denouncing the administration's mass deportation push popping up coast to coast.

Driving the news: Breyer said in a Thursday evening order in response to Newsom's request for emergency relief that the president did not follow congressionally mandated procedures by federalizing the California National Guard.

• "His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution," wrote the Clinton-appointed judge.
• "He must therefore return control of the California National Guard to the Governor of the State of California forthwith."
• Breyer had paused his order until noon Friday and the administration filed a notice of appeal soon after his ruling.

Catch up quick: On June 10, Newsom requested a temporary restraining order to "prevent the use of federalized National Guard and active duty Marines for law enforcement purposes on the streets of a civilian city."

• The lawsuit against Trump, Defense Secretary Pete Hegseth and the Defense Department did not seek to bar the Guard from protecting federal buildings or property but rather sought "narrow relief tailored to avoid irreparable harm to our communities and the rule of law."
• Breyer did not initially intervene in that request and granted the Trump administration more time to respond to the governor.

What they're saying: "The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets," Newsom said on Thursday evening after Breyer's ruling on X.

• "This win is not just for California, but the nation. It's a check on a man whose authoritarian tendencies are increasing by the day," he added, as he called on Trump to immediately end the "illegal militarization" of LA. "History is watching."

The other side: "The court's order is unprecedented and puts our brave federal officials in danger," White House spokesperson Anna Kelly said in an emailed statement on Thursday night in response to Breyer's ruling.

• "The district court has no authority to usurp the President's authority as Commander in Chief," she added.
• "The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom's lawless Los Angeles."
• The Department of Justice in a Wednesday filing arguing that Trump was legally entitled to take the action "to quell lawless violence directed against enforcement of federal law" emphasized that the military members are not engaged in law enforcement. Rather, they are protecting law enforcement, the DOJ said.
• Representatives for the Justice Department did not immediately respond to Axios' request for comment on the ruling on Thursday evening.

More from Axios:

• Where LA protests are taking place
• Los Angeles protests rip open Trump's immigration war
• Democrats challenge Trump on immigration enforcement
• ICE ramps up immigrant arrests in courthouses across U.S.

Editor's note: This article has been updated with new details throughout.

Rebecca Falconer contributed reporting.