Attorney General Bonta to Supreme Court: Trump Administration’s Deployment of National Guard Troops Not Supported by Statute

OAKLAND – California Attorney General Rob Bonta today filed an amicus brief in the U.S. Supreme Court in Trump v. Illinois in support of Illinois Attorney General Kwame Raoul’s lawsuit challenging the federalization and deployment of the Illinois National Guard to Chicago. In the brief, Attorney General Bonta, along with Oregon Attorney General Dan Rayfield, argue that 10 U.S.C. 12406 does not support the Trump Administration’s extraordinary attempt to deploy members of the military to the streets of Chicago. Congress enacted 10 U.S.C. 12406 to address invasions, rebellions, and other “unusual and extreme exigencies.” Nothing of the kind has occurred in Chicago — or anywhere else in the United States — over the past year. Moreover, nothing in the record shows that “regular forces” were unable to execute the laws, the precondition for which the federal government relies on for its invocation of 10 U.S.C. 12406 to federalize the National Guard.

“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,” said Attorney General Bonta. “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.”

Attorney General Bonta previously filed an amicus brief in the U.S. Supreme Court in this same case opposing the Trump Administration’s nearly limitless conception of presidential authority to federalize the National Guard and the activities those troops can engage in. 

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 their efforts to transform America into a military state and National Guard troops into the President’s personal police force. 

• Deployment of California National Guard Troops to Oregon:  On Friday, Attorney General Bonta secured a final ruling blocking the unlawful deployment of California National Guard troops to Portland, Oregon over the objections of both states’ governors. Over the course of a three day trial, attorneys for the California Department of Justice, Oregon Department of Justice, and Portland City Attorney’s Office presented evidence and argued in court that the federalization and deployment of the Oregon National Guard and the cross-state deployment of the California National Guard to Portland was beyond the authority of the federal government and violates the Tenth Amendment of the U.S. Constitution.

• Suing Over Initial Federalization of California National Guard: 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 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. 

• Posse Comitatus Act Violations: 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. 

• Challenging Ongoing Federalization and Deployment: This past Friday, Attorney General Bonta asked the District Court to restart proceedings and block the ongoing, unnecessary, and baseless federalization and deployment of the California National Guard in Los Angeles through February 2026. He argues that 10 U.S.C. § 12406 does not authorize the sort of broad-ranging, never-ending federalization and military occupation of American cities that the Trump Administration is perpetrating. On Tuesday, the Court agreed to resume consideration of the case. 

• Supporting Other States’ Cases: 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.

A copy of the amicus brief can be found here.