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news analysis
As Democratic cities brace for possible military deployments, Democratic governors see in a lower-court ruling the potential for legal protections.
Sept. 2, 2025Updated 4:01 p.m. ET
A federal judge’s ruling that President Trump has been using troops illegally to perform law enforcement functions in Los Angeles will — if it stands — pose impediments to any plans Mr. Trump may have for sending the military into the streets of other cities, like Chicago.
Mr. Trump has made those threats in the context of his anti-crime operation in Washington, D.C., which has involved both civilian federal agents and National Guard troops under federal control. But because the District of Columbia is not a state, the federal government has greater latitude to use the Guard there.
The Posse Comitatus Act, enacted in 1878, makes it illegal to use federal troops for domestic policing under normal circumstances. So to keep from running afoul of that law, Mr. Trump would need a legal rationale for deploying troops to cities like Chicago.
One potential model for Mr. Trump might be the reasoning his administration offered for sending troops to Los Angeles over the summer, ostensibly to protect federal agents and facilities. But on Tuesday, Judge Charles Breyer of the Federal District Court in San Francisco held that the administration has been using those troops too expansively.
The judge barred the federal government from using troops anywhere in California to engage in “arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants.”
Speaking to reporters later on Tuesday, Mr. Trump called Judge Breyer a “radical left judge.” The judge’s order is scheduled to take effect Sept. 12, giving the Trump administration time to appeal.
