The brother of retired liberal Justice Stephen Breyer was assigned Tuesday to preside over the lawsuit that Democratic Gov. Gavin Newsom brought against the Trump administration in California this week.

Judge Charles Breyer, an appointee of former President Bill Clinton, is set to oversee the case, which alleges President Donald Trump deprived California of its sovereignty by federalizing thousands of National Guard soldiers in response to anti-immigration enforcement protests and riots in Los Angeles County.

Breyer is the younger brother of Stephen Breyer, who was appointed by Clinton to the high court and served on the bench for nearly three decades beginning in 1994. Stephen Breyer's retirement led to former President Joe Biden replacing him with Justice Ketanji Brown Jackson.

Charles Breyer, who serves on the federal bench in the Northern District of California, will oversee a lawsuit that pits Newsom, one of the country's most prominent Democrats and a possible 2028 presidential contender, against Trump.

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Newsom alleged in the lawsuit that Trump made an "unprecedented power grab" by mobilizing the National Guard in his state, a highly unusual move for a president to do without the consent of the governor.

Trump has said the move was necessary to protect ICE personnel and federal buildings as some protesters engaged in unlawful assembly and pelted law enforcement with concrete bottles and other hard objects.

After the National Guard proclamation, more unrest broke out in parts of the county involving rioters setting fire to several self-driving cars and looting some stores. Newsom alleged Trump's decision to send in the military spurred more chaos.

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Federal court cases in the Northern District of California are assigned by the Clerk of the Court "blindly and at random" through an automated system, according to the court's website.

Fox News Digital reached out to Charles Breyer's chambers for comment on his assignment.

The news of Charles Breyer presiding over the case comes as some Republicans have floated the theory that Judge James Boasberg in Washington, D.C., secretly took on Trump cases to sabotage them in favor of plaintiffs.

Boasberg directly addressed the claims during a court hearing, saying his assignments, like most others in the court, were randomly assigned by a computer.

Defense Secretary Pete Hegseth on Tuesday forcefully defended the deployment of National Guard troops and U.S. Marines to Los Angeles, accusing California Gov. Gavin Newsom and L.A. Mayor Karen Bass of failing to protect ICE agents and citizens from violent rioters — and asserting that Trump is stepping in to do the job.

Hegseth sparred with Rep. Pete Aguilar, D-Calif., during a heated House Appropriations Subcommittee hearing on Tuesday, asserting that the president had the legal authority to deploy the troops since rioters had attacked ICE agents and torched property in parts of the sanctuary city – while waving Mexican flags and flags of other nations.

"The governor of California is unable to execute the laws of the United States," Hegseth said. "The governor of California has failed to protect his people, along with the mayor of Los Angeles and so President Trump has said he will protect our agents and our Guard and Marines are proud to do it."

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Hegseth justified the decision for the Trump administration to intervene, saying that every American citizen deserves to live in a community that is safe, and that ICE agents need to be able to do their job. The riots broke out on Friday as ICE agents were taking part in deportation raids in the city, fulfilling a key part of Trump’s immigration enforcement agenda.

"They're being attacked for doing their job, which is deporting illegal criminals that should happen in any city, Minneapolis or Los Angeles," Hegseth said. "And if they're attacked, that's lawless and President Trump believes in law and order, so he has every authority."

Aguilar questioned whether Trump had the authority to deploy National Guard troops under 10 U.S. Code 12406, citing three examples of when it can be used while also blasting the administration for not consulting with the state before doing so. Trump has deployed 2,000 National Guardsmen and around 700 U.S. Marines.

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"Invasion by a foreign nation, rebellion or dangerous rebellion against the authority of the government of the United States, or the president is unable with regular forces to execute the laws of the United States," Aguilar said. "Which authority is triggered here to justify the use?" 

But Hegseth fired back and said, "it sounds like all three to me."

"If you've got millions of illegals, you don't know where they're coming from. They're waving flags from foreign countries and assaulting police officers and law enforcement officers. You and I both know that President Trump has all the authority necessary, and thankfully, he's willing to do it on behalf of the citizens of Los Angeles, on behalf of our ICE agents and behalf of our country."

Aguilar also raised concern that the troops were ill-prepared, since pictures were posted of them sleeping on floors in uniform. 

"That’s a disingenuous attack that misrepresents how much we care about our troops… Nobody cares more about the troops at the top than this secretary and the chairman in our department," Hegseth said. "The commanders and troops on the field are very well prepared... There are moments where you make do as best you can temporarily, but we are ensuring they’re housed, fed, [and have] water capabilities in real time from my office."

Special Assistant to the Secretary of Defense Bryn MacDonnell testified that the cost of the deployment is expected to be $134 million, with funds being pulled from regular operational accounts.

Elsewhere, Hegseth said the department would need $961.6 billion in the fiscal year 2026 budget, which would be used to rebuild military strength, countering China, border security and funding the new Golden Dome missile defense system. A 10.5% pay raise was also secured for junior enlisted troops.