Newsom v. Trump

Public Rights Project, the city and county of San Francisco, and the law firm of Keker, Van Nest & Peters LLP filed an amicus brief against the deployment of the California National Guard during recent public protests in Los Angeles. The brief, filed to support California’s challenge to this action by the Trump administration, is on behalf of 53 local governments and local government leaders.

Our brief asks the court to allow Los Angeles to protect the safety of its residents with local and state resources. We argue that the unlawful deployment of the National Guard and U.S. Marines is against public interest. The brief urges the court to lift the temporary hold of a lower court’s temporary restraining order.

Local law enforcement, not federal military troops, are better equipped to manage public protests. They have procedures for coordinating responses to public demonstrations and tactics for crowd control. These protocols were developed over several years with community input and expertise. The forced presence of the National Guard on city streets inflames tensions, decreases the effectiveness of local law enforcement, and interrupts chains of command.

The brief explains that unlawful interference by federal military troops, without any request, consent, or coordination from state or local governments, harms communities, residents, and public safety in Los Angeles. This danger extends to all local jurisdictions.  

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.

34 local government leaders, including mayors, councilmembers, and prosecuting attorneys from across 15 states, also signed on to the original brief.

Update:

On Sept. 9, 2025 Public Rights Project, the city and county of San Francisco, and the law firm of Keker, Van Nest & Peters LLP filed a second amicus brief in the Court of Appeals for the Ninth Circuit. This brief, submitted on behalf of 28 local governments and 59 local officials, urges the court to uphold key constitutional protections that allow local and state governments to manage their own resources and keep communities safe.

This brief supports California and emphasizes that core constitutional principles give state and local governments the right to manage their own resources and protect public safety, including maintaining law and order during protests. The brief highlights a long-standing legal tradition: When the federal government exceeds its power by commandeering police power, courts have sided with local governments.

It also explains the real-world harm that happens when the military is sent in without consent from state or local officials, including:

• Turning federal troops into local police without legal authority
• Reducing efficacy of local law enforcement
• Increasing risk of violence and escalating conflicts
• Threatening  free speech and the right to protest

We’re urging the appeals court to uphold the district court’s decision, which blocked the Trump administration from deploying the National Guard in California without the state’s permission.

Read the updated amicus brief.