'Monarchy': Federal judge compares Trump to 'King George'

U.S. President Donald Trump reacts as he leaves after signing a resolution approved by Congress to rescind the EPA's 2023 approval of California's plans to require a rising number of zero-emission heavy-duty trucks, and another resolution on California's low-NOx, or low-nitrogen oxide, regulation for heavy-duty highway and off-road vehicles and engines, at the White House in Washington, D.C., U.S., June 12, 2025. REUTERS/Evelyn Hockstein
In a high-stakes emergency hearing Thursday in the case of Newsom v. Trump, U.S. District Judge Charles Breyer raised sharp constitutional questions about President Donald Trump’s deployment of the National Guard and potential activation of U.S. Marines in response to unrest in California.
The hearing, held under expedited circumstances, addressed California Gov. Gavin Newsom’s (D) challenge to Trump’s recent order deploying military forces without what the state argues was the legally required coordination with the governor.
Breyer opened the session with pointed observations about the constitutional stakes of the dispute, according to Politico reporter Kyle Cheney, who detailed the proceedings in a thread on the social platform X.
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"How is that different than what a monarchist does?" he asked.
"He says certain things, he finds certain things, he does certain things. That’s not where we live. We live in response to a monarchy … the Constitution is a document of limitations."
Breyer expressed appreciation for the expedited briefings from both parties, calling the matter “very serious” and “weighty,” and said he intends to act quickly given the urgency.
Central to the hearing was the Department of Justice’s argument that the president’s determination of a “rebellion” or “danger of rebellion” is not subject to judicial review. Breyer appeared skeptical of that claim."That’s the difference between a Constitutional government and King George,” the judge said.
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“It’s not that a leader can simply say something and it becomes it."He also focused on the statutory requirement that any order federalizing the National Guard “shall” be issued “through” the governor of the affected state.
Breyer questioned whether Trump met that requirement."I'm trying to figure out how something is ‘through’ somebody if in fact you didn’t give it to him," he said, signaling doubts that the administration followed proper legal channels in bypassing Newsom.
However, Breyer also raised questions for the state. While California attorneys warned that U.S. Marines are expected to arrive in Los Angeles within 24 hours, Breyer noted that, at present, no such deployment had occurred."I just sort of don’t think that’s my business," he said, referring to the Marines’ involvement, but added that it might become relevant if and when troops are deployed.