U.S. District Judge Charles Breyer said in a filing Trump must “return control of the California National Guard to the Governor of the State of California forthwith.”

The judge said Trump’s deployment of the National Guard, which was done without Newsom’s approval, was illegal, “exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.”

Breyer’s order will not go into effect until 3 p.m. EDT on Friday, giving Trump time to seek an emergency appeal if he chooses.

Newsom called the ruling a win for the U.S., saying it is “a check on a man whose authoritarian tendencies are increasing by the day,” before demanding Trump’s compliance with Breyer’s order.

Breyer said earlier Thursday it did not appear Trump issued his National Guard order through Newsom, which is a requirement when the president seeks to deploy the troops in a given state.

Breyer said he was trying to understand “how something is ‘through’ somebody if in fact you didn’t give it to him,” adding, “It would be the first time I’ve ever seen something going ‘through’ somebody if it never went to them directly,” Politico reported.

Breyer also scrutinized Trump’s justification that the protests posed a danger of rebellion, deploying troops through a law that gives the president the power to do so in instances of “a rebellion or danger of a rebellion.”

The judge disagreed with Trump’s defense that a claim of potential rebellion is not reviewable by courts, according to Politico, adding, “That’s the difference between a Constitutional government and King George. It’s not that a leader can simply say something and it becomes it.”