California Attorney General Rob Bonta has issued a statement ahead of the trial in the U.S. District Court for the District of Oregon regarding the case Oregon v. Trump. The case centers on the Trump Administration’s attempt to deploy federalized California National Guard troops to Portland, Oregon. California joined Oregon’s lawsuit, arguing that both the federalization and deployment of National Guard troops from different states violate constitutional limits.
Beginning October 29, attorneys from the California Department of Justice, Oregon Department of Justice, and Portland City Attorney’s Office will present their arguments in court. They contend that these actions by the Trump Administration breach the Tenth Amendment and are beyond presidential authority.
“President Trump is misapplying the law and misusing the power of the executive. If he has his way, he would remake America into a military state, with an army that answers to no one but him,” said Attorney General Bonta. “California’s National Guard members have been subject to the political whims of this President for too long. It’s time for them to come home. We look forward to making our case in court — the facts and the law are on our side, and we are confident that the court will agree.”
The trial is scheduled to begin at 9:00 AM PT on October 29.
Attorney General Bonta has previously taken steps against what he describes as overreach by President Trump and his administration concerning control over state National Guards. In June, Bonta and Governor Newsom filed a lawsuit challenging orders that sought to federalize California’s National Guard for civilian law enforcement duties in Los Angeles—actions they argue violate federal law restricting military involvement in domestic policing (the Posse Comitatus Act). The U.S. District Court for Northern California granted emergency relief at that time, temporarily returning command of California’s National Guard to Governor Newsom; however, this order is currently stayed pending appeal before the Ninth Circuit.
In August, further evidence was presented regarding violations of federal restrictions on military use within domestic affairs during a three-day trial in Northern California’s district court. That court subsequently issued a permanent injunction preventing similar future actions by the Trump Administration; this order is also paused while under appellate review.
Earlier this month, Bonta joined with Oregon officials to secure an order blocking deployment of federalized California National Guard troops to Portland from proceeding while litigation continues. He also submitted new filings noting recent developments—including deployments not only to Portland but also Chicago—that challenge arguments made by federal authorities seeking continued stays on previous judicial orders.
Bonta has supported similar legal challenges brought by attorneys general from Illinois, Oregon, and Washington D.C., opposing what they describe as unlawful deployments of National Guard units under expanded claims of presidential authority. Last week, Bonta filed an amicus brief with the U.S. Supreme Court in Trump v. Illinois opposing broad interpretations allowing nearly unlimited presidential power over state guard forces.
