California Governor Gavin Newsom and Attorney General Rob Bonta filed a lawsuit today against President Donald Trump, Defense Secretary Pete Hegseth, and the Department of Defense, alleging an unconstitutional and unauthorized federalization of a unit of the California National Guard (CalGuard). The legal challenge marks a significant clash between state and federal authorities over the scope of presidential powers during civil unrest.
The lawsuit follows President Trump’s decision to deploy 2,000 National Guard troops to Los Angeles in response to protests stemming from controversial Immigration and Customs Enforcement (ICE) operations on June 6. The operations, which reportedly resulted in the arrest of 44 individuals — including two minors — sparked community backlash and three days of protests, most of which remained peaceful.
Governor Newsom and Attorney General Bonta argue that the President’s action to take control of CalGuard violated both federal law and the U.S. Constitution. Specifically, they assert the order breached 10 U.S.C. § 12406, which permits federalization of state militias only under specific conditions, such as invasion, rebellion, or obstruction of federal law — none of which, they argue, applied in this case. They also claim the President failed to secure the required consent from the state’s governor before activating the Guard.
“This is a manufactured crisis to justify an illegal takeover of a state militia,” said Governor Newsom in a statement. “Donald Trump is not only creating chaos — he’s dismantling the foundation of federalism.”
Attorney General Bonta echoed the concern, calling the federal deployment “unnecessary and counterproductive” and warning that it “sets a dangerous precedent for overriding states’ rights.”
The federal action began with a June 7 memorandum from the President titled “Department of Defense Security for the Protection of Department of Homeland Security Functions.” In it, Trump declared a “rebellion against the authority of the Government of the United States” and authorized the use of the National Guard to secure DHS operations. Critics say this declaration lacked basis, pointing out that protests had already de-escalated and were being handled by local law enforcement.
According to the lawsuit, by the time the federalized Guard arrived in Los Angeles on June 8, the situation had largely calmed — raising further questions about the necessity and timing of the intervention. Local officials say they were not informed of the deployment in advance, and that federal authorities bypassed coordination with both state and municipal law enforcement.
This is one of the rare instances in modern U.S. history where a president has activated a state’s National Guard without the governor’s request. The most notable precedent cited in the lawsuit was President Lyndon B. Johnson’s deployment of federal troops to Alabama in 1965 to enforce civil rights protections.
The California lawsuit argues that this public admission further undermines the legal justification for the 2025 order.
Secretary of Homeland Security Kristi Noem has previously warned that involuntary federalization of a state’s National Guard would constitute “a direct attack on states’ rights,” a point echoed by California officials in their court filing.
The lawsuit seeks an injunction to halt the ongoing federal control of CalGuard personnel and to reaffirm the constitutional limits of presidential authority over state militias. It also calls for restoring operational control of the affected CalGuard unit to the State of California.
This legal battle comes amid growing national debate over the balance of power between state and federal governments, especially as it pertains to immigration enforcement, public order, and emergency response.
Source article posted here: https://www.gov.ca.gov/2025/06/09/governor-newsom-suing-president-trump-and-department-of-defense-for-illegal-takeover-of-calguard-unit/
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Author: Sean Probber
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