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 brief.