More than 50 cities, counties and local government leaders across the country filed an amicus brief on Sunday in support of California’s request to block President Trump's unlawful federalization and deployment of the California National Guard. A district court enjoined the president’s actions on Thursday, but that injunction has been stayed. On Tuesday, the Ninth U.S. Circuit Court of Appeals will hold a hearing as to whether the stay should remain in place; the case is Newsom, et al., v. Trump, et al., No. 25-3727.
The brief for the counties and cities outlines how the president's deployment of military forces to manage protests, without request from local or state authorities, severely harms the public interest. It argues that local law enforcement are better equipped to manage public demonstrations, even if they become violent. It also asserts that deploying the military for policing purposes without coordinating with local law enforcement decreases policing efficacy and undermines the chain of command. The brief supports enforcement of the district court’s injunction prohibiting these unwelcome deployments, and opposes any further stay of that order.
Keker, Van Nest & Peters joined Public Rights Project in representing four localities: Chicago, Santa Clara County, Santa Monica and Alameda. They co-counseled with the San Francisco City Attorney’s office, which filed the brief Sunday morning.
Read the amicus brief.