Fact Check: Biden-Appointed Judge Supports Federal Control of National Guard
What We Know
The claim that a Biden-appointed judge supports federal control of the National Guard stems from a recent legal battle involving the California National Guard and President Trump. A federal appeals court recently ruled to keep the control of the California National Guard under federal authority, which was initially challenged by California Governor Gavin Newsom. The ruling was made by a three-judge panel that included one judge appointed by President Biden, Charles Breyer, who had previously ruled that Trump's actions to seize control of the National Guard were illegal and violated state authority (source-3). However, the appeals court decision effectively paused Breyer's ruling, allowing Trump to maintain control for the time being (source-1).
Analysis
The assertion that a Biden-appointed judge supports federal control of the National Guard is misleading. Judge Breyer's initial ruling explicitly stated that Trump had illegally seized control of the National Guard troops and ordered their return to Governor Newsom (source-3). This ruling was based on the argument that the president's actions violated both statutory authority and the 10th Amendment of the U.S. Constitution, which reserves powers not delegated to the federal government to the states (source-3).
The appeals court's decision to stay Breyer's ruling does not indicate support for federal control; rather, it reflects a legal process where the merits of the case are still being evaluated. The panel included two judges appointed by Trump and one by Biden, which suggests a more complex dynamic than simple partisan alignment (source-5). The ruling's implications are still unfolding, and the legal arguments presented by California highlight significant concerns regarding the militarization of state affairs and the potential for federal overreach (source-4).
Conclusion
The claim that a Biden-appointed judge supports federal control of the National Guard is False. Judge Breyer's ruling initially sought to return control to the state, and the appeals court's decision to pause this ruling does not equate to support for federal control. Instead, it reflects ongoing legal proceedings and the complexities involved in the case.
Sources
- US court lets Trump keep control of California National Guard
- Appeals Court Seems Inclined to Let Trump Control National Guard
- What's Next for Trump and the National Guard in California After Court
- Appeals court blocks Newsom's bid to reclaim control of National Guard
- Judge Delays Hearing on Troops in LA, Leaving Them Under Trump's Control for Now
- Trump allowed to keep control of National Guard troops deployed to Los Angeles by appeals court
- What the Appeals Court Said About Trump's National Guard Power
