More than 85 local governments and local government leaders across the country have filed an amicus brief with the Ninth U.S. Circuit Court of Appeals in support of a preliminary injunction blocking President Trump's unlawful federalization and unsolicited deployment of the California National Guard. Keker, Van Nest & Peters joined the Public Rights Project in representing three localities on the brief: Santa Clara County, the City of Albuquerque, and the City of Alameda.
On June 12, 2025, the district court issued the preliminary injunction in Newsom et al. v. Trump et al., holding that plaintiffs were likely to succeed in showing that President Trump’s use of the National Guard did not comport with the Militia Act of 1903 and violated the Tenth Amendment. The preliminary injunction was stayed pending the instant review by the Ninth Circuit. The amicus brief for the counties, cities, and officials outlines how the president's deployment of military forces without request from local or state authorities violates laws and norms of federalism, and severely harms the public interest. It argues that local law enforcement are better equipped to manage public demonstrations. It also asserts that deploying the military for policing purposes without coordinating with local law enforcement decreases policing efficacy, undermines the chain of command, and “shatters our Nation’s bedrock history and tradition of preserving state and local control over the police power.” Keker lawyers Anajali Srinivasan, Cara Meyer, Cody Harris, Sophie Hood, and Ian Kanig contributed to the brief. Read the full amicus brief.
With the preliminary injunction appeal pending, the district court advanced the case’s other arguments to trial. On September 2, the district court found the deployment in violation of the Posse Comitatus Act and enjoined President Trump from deploying the National Guard in California. That decision is also stayed pending the Ninth Circuit’s review.
The case before the Ninth Circuit is Newsom, et al., v. Trump, et al., No. 25-3727.