Evaluating the Legality of the Disbandment of the National Guard in Los Angeles

• The court in San Francisco is reviewing the legality of the disbandment of the National Guard.
• California asserts that it is a violation of the Posse Comitatus Act.
• Military functions may be interpreted as law enforcement.

A federal court in San Francisco is examining whether the legal administration of Trump disbanded the National Guard for the enforcement of immigration agents in Los Angeles. During a three-day court process that concluded on September 13, 2025, legal aspects of military involvement in internal affairs were discussed.

California asserts that the disbandment of the military violates the Posse Comitatus Act, which prohibits the military from executing domestic laws. Trump's administration lawyers argue that this law does not apply, as the president has the authority to call the National Guard in cases of emergency or incapacity of regular forces to enforce state laws.

At the court, federal and military officials testified about whether they exceeded their military authority when carrying out tasks. Troops were disbanded in early 2025 to protect federal facilities after protests against Trump's immigration policy. Currently, about 300 military personnel remain in California, and their activities raise questions about legality.

Judge Charles Breyer, during the hearing, emphasized the necessity to determine whether military functions are executed by police, noting that their actions should be limited. He raised the question of how to control the use of federal forces in cases where the emergency is no longer relevant.

California's lawyers pointed out that military personnel engage in active law enforcement actions, which may violate the law. They urged the court to require Trump's administration to relinquish control over the military to the state and prohibit the use of military personnel for civil functions.

Tags: USA/Politics