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53 local governments and local government leaders urge court to prevent federal interference during public protests

Public Rights Project filed an amicus brief in urging the U.S. Court of Appeals for the Ninth Circuit to lift its hold on a temporary restraining order issued by a district court.

For Immediate Release: June 15, 2025

Media Contact: Jackie Jena, jackie@publicrightsproject.org

OAKLAND, CA — With a nationwide coalition of 53 local governments and local government leaders, Public Rights Project supported California’s legal challenge of the federal government’s deployment of the National Guard during recent public protests.

Public Rights Project filed an amicus brief in Newsom v. Trump urging the U.S. Court of Appeals for the Ninth Circuit to lift its hold on a temporary restraining order issued by a district court. The order had blocked the Trump administration from deploying military forces to Los Angeles, finding the action illegal because it exceeded the president’s statutory authority and violated the Tenth Amendment of the U.S. Constitution.

The brief asks the court to allow Los Angeles to protect the safety of its residents with local and state resources. It argues that the unlawful deployment of the National Guard and U.S. Marines is against public interest. Sending federal forces into city streets inflames tensions, decreases the effectiveness of local law enforcement and interrupts established chains of command.

Let’s be clear: Deploying military troops in this circumstance is unlawful and harmful to public safety,” said Jill Habig, founder and CEO at Public Rights Project. “It is a blatant abuse of power and undermines local emergency response systems. Forced military presence on city streets — whether in Los Angeles or anywhere else in this country — will only escalate tensions and disrupt local law enforcement efforts.”

Relying on the expertise of local governments and local government leaders, the brief emphasizes the serious harm that municipalities and counties face when the National Guard and the federal military are mobilized to manage local protests, without request by the state or local government. With community input and expertise over several years, local law enforcement has developed protocols for coordinating responses to public demonstrations.

For instance, if a local government lacks resources to respond to an emergency in California, it can request support from neighboring law enforcement or tap regional and statewide resources. With federal troops on the ground, the likelihood of coordination failures between authorities increases and puts people’s lives at risk.

The brief was filed in collaboration with the city and county of San Francisco and the law firm of Keker, Van Nest & Peters LLP.

The local governments that joined the brief include Baltimore, Md.; Chicago, Ill.; King County, Wash.; Minneapolis, Minn.; New Haven, Conn.; Sacramento, Calif.; and Santa Monica, Calif. Thirty-four local government leaders, including mayors, councilmembers and prosecuting attorneys from across 15 states, also signed on to the brief.

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About Public Rights Project
As a nonpartisan nonprofit organization, Public Rights Project helps local government officials fight for civil rights. We do this by building their capacity to protect and advance civil rights, convening and connecting them on issues of civil rights, and providing legal representation to governments to help them win in court on behalf of their residents. Since our founding, we’ve built a network of over 1,300 partners, including elected officials and 227 government offices across all 50 states, and helped recover over $46 million in relief for marginalized people. www.publicrightsproject.org

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