National Guard troops allowed to stay in L.A. as Newsom-Trump battle could head to Supreme Court

LOS ANGELES (KFSN) -- There is legal limbo as President Trump keeps National Guard troops in Los Angeles stretching into the weekend.

One court ruled Thursday against the president, and another ruled for him just hours later.

"You're talking a momentous decision," James Ardaiz, the former presiding justice of California's 5th District Court of Appeals in Fresno, said.

He explained the courts are dealing with a key issue: Should they step in or leave it to the commander-in-chief to direct the troops?

"That line is the fundamental issue of (the) separation of power," Ardaiz said. "I cannot cross that line; I need to restrain myself."

Justice Charles Breyer seemed to set the line on Thursday, finding the president's use of the National Guard "unlawful."

The governor celebrated it on Thursday night.

"Today was really about a test of Democracy, and today, we passed the test," Governor Gavin Newsom said. "We, the people, passed the test."

But just hours later, in a striking turn, a three-judge panel -- two of them Trump appointees -- stepped in and paused the lower court's ruling.

"It basically says, 'stop, we're not going to enforce this,'" Ardaiz said.

With the National Guard troops now allowed to stay, Action News asked the governor's office for a response.

They referred us to his press gaggle before the appellate court ruling came down.

"I'm confident in the rule of law," Newsom said. "I'm confident in the Constitution of the United States. I'm confident in the wisdom and judgment of a very well-respected federal judge. And I'm confident, on the basis of the review of the 36 pages, absolutely it will stand."

The Trump-Newsom back-and-forth will now continue next week. Ardaiz believes the case -- and the key legal question about the president's power -- will escalate.

"This case is of such tremendous import that I can see the Supreme Court saying, 'This is the case where we want to define presidential authority,'" he said.

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