California Attorney General Rob Bonta has filed an amicus brief with the U.S. Supreme Court in the case Trump v. Illinois, supporting a lawsuit by Illinois Attorney General Kwame Raoul that challenges the federalization and deployment of the Illinois National Guard to Chicago. Bonta, joined by Oregon Attorney General Dan Rayfield, argues that 10 U.S.C. 12406 does not authorize such military deployments except in cases of invasions, rebellions, or other extreme emergencies.
In his statement, Bonta said: “The Trump Administration is tying itself in knots in its attempt to justify the unjustifiable — the deployment of military troops to American streets during a time of undeniable peace and order. There is no rebellion. There is no invasion. And there is no inability of regular forces to execute the law. At least one of these preconditions must be met for the invocation of 10 U.S.C. 12406, yet the President’s evidence for any of these has been entirely unsatisfactory and some would say nonexistent. I urge the Supreme Court to reign in this Administration’s reckless interpretation of this century-old statute before the President’s vision of a militarized America is fully realized.”
Bonta previously submitted an amicus brief opposing what he described as an overly broad view of presidential authority regarding National Guard federalization and their permitted activities.
The California Attorney General’s office has also taken action against similar efforts involving California National Guard troops. Recently, Bonta secured a final ruling blocking what he called an unlawful deployment of California National Guard personnel to Portland, Oregon—an action opposed by both states’ governors. Attorneys from California and Oregon presented arguments that these deployments exceeded federal authority and violated constitutional limits.
Earlier legal actions included a June lawsuit by Bonta and Governor Newsom challenging orders to federalize California’s National Guard for use in civilian law enforcement roles in Los Angeles, which they argued violated the Posse Comitatus Act restricting military involvement in domestic policing functions. The U.S. District Court granted emergency relief returning control over the guard to Governor Newsom; however, that decision is currently stayed pending appeal.
In August, evidence was presented regarding alleged violations of the Posse Comitatus Act during a three-day trial before a federal court in Northern California, resulting in a permanent injunction against similar future activity by the Trump Administration—a ruling now temporarily paused while under appeal.
Most recently, Bonta requested that proceedings resume on blocking continued federalization and deployment of California National Guard troops through February 2026 in Los Angeles, contending that current statutes do not allow for prolonged or broad-based military occupation within American cities.
Bonta has also supported legal efforts led by attorneys general from Illinois, Oregon, and Washington D.C., who have challenged comparable deployments by the Trump Administration.
