California Attorney General Rob Bonta and Governor Gavin Newsom have requested that the U.S. District Court for the Northern District of California resume proceedings to block the continued federalization and deployment of the California National Guard in Los Angeles. This follows a recent decision by the U.S. Court of Appeals for the Ninth Circuit, which determined that the District Court does have jurisdiction over the matter.
On September 9, proceedings were paused due to concerns about jurisdiction regarding California’s motion for a preliminary injunction against an August order from the Trump Administration federalizing National Guard troops through Election Day. The Ninth Circuit’s October 29 ruling clarified that these proceedings can move forward.
Attorney General Bonta stated, “The Trump Administration believes it can keep California’s National Guard federalized and deployed wherever, forever, and for any purpose — no further justification necessary. That is just not true, and we’re asking the court to issue a ruling that says as much without delay. The Ninth Circuit’s recent order made clear that this remains a live issue, and we are confident that when we make our case, we will prevail.”
Governor Newsom added, “President Trump turned the National Guard against the communities they swore to serve. This is unlawful and immoral. Under state direction, California National Guard members have always been deployed in support of our communities – acting as surge medical staff in crises, helping with wildfire management, supporting fentanyl interdiction, and now, as the President withholds food stamps from hungry families, the Guard is distributing food to those in need. The National Guard deserves better than being treated like Trump’s toy soldiers – and when they’re returned to California command, we’ll get them back to doing the real work they signed up to do.”
Since court proceedings were stayed in September, federal orders under the Trump Administration have expanded beyond California. The administration has also federalized and deployed National Guard troops from Oregon and Illinois. In addition to moving 214 federalized California National Guard members from Los Angeles to Oregon—and later transferring 14 of them to Illinois—Bonta and Newsom argue these actions lack legal justification under 10 U.S.C. § 12406.
The Attorney General’s Office maintains there was no legitimate basis for re-federalizing California’s National Guard on August 5 or keeping them deployed now.
Previously, Attorney General Bonta and Governor Newsom filed a lawsuit challenging what they describe as unlawful use of National Guard troops for civilian law enforcement in violation of the Posse Comitatus Act. Earlier emergency relief had temporarily returned control of these troops to Governor Newsom before being stayed by appeal.
In August, evidence regarding alleged violations of the Posse Comitatus Act was presented during trial before Judge Jon S. Tigar at https://www.cand.uscourts.gov/judges/tigar-jon-s-jst/. A permanent injunction was granted against similar future actions by the administration; however, this order is paused while awaiting further review by higher courts.
Earlier this month in Oregon—working alongside Oregon Attorney General Dan Rayfield—Bonta helped secure an order blocking deployment of federalized California troops in Portland at https://www.doj.state.or.us/about-us/office-of-the-attorney-general/attorney-general-dan-rayfield/. He also submitted new filings highlighting changes since June related to deployments in Portland and Chicago.
Attorney General Bonta has supported lawsuits brought by attorneys general from Illinois (https://illinoisattorneygeneral.gov/about/meet-kwame-raoul/) , Oregon (https://www.doj.state.or.us/about-us/office-of-the-attorney-general/attorney-general-dan-rayfield/) , and D.C., challenging similar deployments elsewhere across the country. Last week he filed an amicus brief with the U.S. Supreme Court opposing broad presidential authority over such deployments.
A copy of today’s motion is available online.
