OAKLAND - California Attorney General Rob Bonta today filed an amicus brief in the U.S. Supreme Court in Trump v. Illinois opposing the Trump Administration's efforts to stay a lower court's order that blocked the deployment of federalized National Guard troops in Illinois. On June 7, for the first time in United States' history, the President invoked 10 U.S.C. § 12406 to federalize a state's National Guard over the objections of that state's governor. Since then, it has become clear that the federal government's actions in Southern California were just the opening salvo in its effort to transform the role of the military in American society. The Trump Administration now presents to the Supreme Court a nearly limitless conception of presidential authority to federalize the National Guard and the activities those troops can engage in. In urging the Supreme Court to deny the federal government's application, Attorney General Bonta argues that the Trump Administration's interpretation of the law, if accepted, poses a serious threat to our system of federalism, the separation of powers, and longstanding norms against military intrusion into civilian affairs.

"The Trump Administration is asking the Supreme Court to grant it unprecedented and unlimited power to deploy the military into American cities - power it has made clear that it fully intends to abuse," said Attorney General Rob Bonta. "Trump wants an army that serves a King, but in America, in our democracy, our military does not police the people. California has been ground zero for the Trump Administration's militarization of American streets. In the four months since troops were first deployed to Los Angeles, we've seen the President abandon any attempt to justify their continued presence in our state, taking a near limitless view of executive power. I urge the Supreme Court to reject the President's latest bid to defy our constitutional norms and grab power he does not have."

"Our message to the courts is clear - Trump is putting our members of the military on the frontlines of a completely unlawful activation against American communities," said Governor Gavin Newsom. "The federal government's actions in Los Angeles earlier this summer were just Trump's first step to completely transform the role of the military in American society by deploying the U.S. military against its own civilians. We won't stand for it and we implore the courts to affirm states' sovereign rights to handle any public safety matters at home."

Since the Trump Administration first federalized and deployed California National Guard troops to Los Angeles in early June, President Trump and Secretary Hegseth have deployed thousands of soldiers to streets of Washington, D.C. for the purpose of civilian crime control. They have federalized troops in Oregon and Illinois; called up Texas guardsmen to engage in law enforcement activities in Chicago, Portland, and elsewhere; and deployed federalized members of California's guard to other States, including Illinois. A recent executive order directs Secretary Hegseth to ensure that National Guard troops in all 50 States are ready to be deployed for civilian law enforcement purposes, and just this weekend, President Trump threatened to make San Francisco his next target.

As such, California has a direct interest in Trump v. Illinois and the matters presently before the Supreme Court. In an amicus brief filed today, Attorney General Bonta urges the Supreme Court to deny the Trump Administration's application, leaving in place a lower court order that temporarily blocks the deployment of federalized National Guard troops in Illinois. Attorney General Bonta argues that California's recent experience illustrates the federal government's extraordinarily broad understanding of Section 12406 and explains that the Seventh Circuit correctly resolved the federal government's request to fully stay the order enjoining the President's unlawful deployment of troops.

A copy of the amicus brief is available here.

BACKGROUND

Attorney General Bonta is committed to holding President Trump and his Administration accountable for overreaching their authority under the law and infringing on Californians' constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration's unlawful orders to federalize the California National Guard and utilize National Guard troops and the Marines for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.

In August, the Attorney General's Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court's order is temporarily paused while the Ninth Circuit considers the federal government's motion for a stay.

Earlier this month, Attorney General Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration's deployment of federalized California National Guard troops to Portland, Oregon.

Attorney General Bonta has previously supported Illinois Attorney General Kwame Raoul's, Oregon Attorney General Dan Rayfield's, and D.C. Attorney General Brian Schwalb's lawsuits challenging the Trump Administration's unlawful deployment of National Guard troops to their cities.