ICYMI: 21 State Attorneys General File Brief in Support of California’s Lawsuit Challenging Unlawful Federalization of State’s National Guard

OAKLAND – Yesterday, 21 state attorneys general filed an amicus brief supporting California’s request for a court order blocking the president’s unlawful federalization and deployment of the California National Guard. The amicus brief outlines how President Donald Trump’s actions are wholly inconsistent with our nation’s founding principle that freedom depends on the subordination of the military to civilian authority. 

“President Trump’s federalization and deployment of California’s National Guard, without the consent of California’s Governor and in clear violation of the statute on which he relies, is unlawful, unconstitutional, and undemocratic. It is also wholly inconsistent with one of our Nation’s founding principle that freedom depends on the subordination of the military to civilian authority.

“By calling forth troops when there is no invasion to repel, no rebellion to suppress, and when state and local law enforcement is fully able to execute the laws, the President flouts the vision of our Founders, undermines the rule of law, and sets a chilling precedent that puts the constitutional rights of Americans in every state at risk.

“Emergency relief is vitally necessary to vindicate state sovereignty and protect the States’ National Guards, which play a vital role in ensuring the security of our states and preparing for and responding to emergencies. States rely on their National Guard units to protect their residents and save lives. National Guard troops fight fires, respond to hurricanes, protect their residents from flooding, and provide much-needed security. 

“By undermining states’ authority, unlawfully deploying the National Guard troops, and leaving the door wide open to deploy the Guards of every state, the President has made us all less safe. 

“This Court should enjoin the federal government from continuing down this unlawful and perilous path.” 

The brief was filed by the state attorneys general of Washington, Delaware, Arizona, Colorado, Connecticut, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Wisconsin. Kansas Governor Laura Kelly also joined the brief. 

A copy of the brief is available here.