A federal judge on Friday asked if the Trump administration’s military deployment in Los Angeles violates the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil.

This comes as California’s challenge to President Donald Trump’s deployment of troops to respond to anti-ICE protests in Los Angeles returned to a federal courtroom in San Francisco on Friday for a brief hearing. That followed an appeals court handing the Trump administration a victory in the case, with the 9th Circuit appellate panel allowing the president to keep control of National Guard troops he sent to quell riots.

U.S. District Judge Charles Breyer did not issue any additional rulings but asked for briefings from both sides by noon Monday on whether the federal department violated the Posse Comitatus Act.

California Gov. Gavin Newsom, a Democrat, said in his complaint that “violation of the Posse Comitatus Act is imminent, if not already underway” but last week, Breyer delayed considering that allegation.

Trump argued that the troops are needed to restore order, while Newsom said their presence on the streets escalated tensions and wasted resources. (AP)

“The protests in Los Angeles fall far short of ‘rebellion,'” Breyer said.

The administration argued that courts cannot second-guess the president’s decisions. The appellate panel ruled that presidents do not have unchecked power to seize control of a state’s National Guard, but also said that by pointing to violent acts by protesters in this case, the administration had presented enough evidence to show it had reason for federalizing the troops.

The California National Guard will stay under federal control, at least for now, as the lawsuit proceeds.

This is the first federal deployment of a state National Guard without the governor’s permission since troops were sent to protect Civil Rights Movement marchers in 1965.

The Associated Press contributed to this report.