Breyer

Some experts point out that Judge Breyer’s order is limited only to California, which means that until it’s fully litigated — a process that can drag on for weeks or months — the president may attempt similar moves elsewhere.

“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer wrote.

While ICE “was not able to detain as many people as Defendants believe it could have,” it was still able to uphold U.S. immigration law without the military’s help, Breyer ruled.

The 9th Circuit stayed Breyer’s ruling hours after he issued a temporary restraining order that would have allowed California leaders to withdraw the National Guard soldiers from L.A.

Experts said Breyer’s ruling set a high bar for what may be considered “rebellion” under the law, making it harder — if it is allowed to stand on appeal — for the administration to credibly claim one is afoot in L.A.