California Gov. Gavin Newsom and Attorney General Rob Bonta filed a lawsuit Monday against President Donald Trump and the Department of Defense, alleging an unconstitutional and unprecedented federalization of California’s National Guard without state consent.
The legal action comes days after the Trump administration deployed National Guard forces to Los Angeles to manage protests sparked by aggressive federal immigration raids. Newsom called the move a “manufactured crisis” that violated the U.S. Constitution and bypassed the state’s authority.
What Triggered the Lawsuit?
On June 6, Immigration and Customs Enforcement (ICE) launched sweeping enforcement operations across Los Angeles without notifying local authorities. The raids, which included the detainment of minors and high-profile arrests, led to widespread protests across the city.
While mostly peaceful, some demonstrations escalated, prompting arrests. Local law enforcement, however, maintained control throughout and did not request federal assistance.
Despite this, on June 7, Trump issued a memorandum invoking 10 U.S.C. § 12406, a rarely used statute, to federalize 2,000 National Guard troops nationwide. Trump characterized the protests as a “rebellion,” which the California lawsuit argues was a legal overreach unsupported by the facts on the ground.
Newsom and Bonta Speak Out
“This is not just about California, it’s about the rule of law,” Newsom said in an interview Sunday night. “Trump is violating our Constitution and using fear to take over state military units. It’s an authoritarian move, plain and simple.”
In a joint statement with Bonta, the governor slammed the deployment as an “unnecessary escalation” that only inflamed tensions.
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“There is no invasion. There is no rebellion,” said Bonta. “Federalizing the California National Guard is an abuse of presidential power, and we’re asking the court to stop it.”
What the Lawsuit Claims
The lawsuit, which also names Defense Secretary Pete Hegseth, asserts that:
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The deployment occurred without Gov. Newsom’s consent, violating Title 10 requirements.
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California lost access to critical resources, including personnel used for wildfire and border response.
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The federal government failed to coordinate with the state, as mandated by federal law and Trump’s own directives.
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Conditions in Los Angeles never rose to the legal threshold necessary to justify federalization.
Newsom emphasized that he has previously deployed the National Guard during emergencies, but only through proper legal channels.
A Rare Federal Move
The last notable use of 10 U.S.C. § 12406 was in 1970, when President Nixon used it to ensure mail delivery during a postal strike. Since then, presidents have mostly deferred to governors to manage their respective Guard units.
Trump’s order marks the first time since 1965, when President Johnson sent troops to Alabama during the civil rights movement, that a president has commandeered a state National Guard without a governor’s request.
Secretary of Homeland Security Kristi Noem had previously stated that federalizing state Guard units “would be a direct attack on states’ rights.”
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Social Media Reactions
Online response to the lawsuit has been deeply divided, reflecting broader political tensions.
Supporters of Newsom praised the legal action as a necessary stand against federal overreach. Many argued that Trump’s deployment of the National Guard was an unconstitutional power grab and an assault on states’ rights. Some emphasized that California had the situation under control and saw the move as an attempt to provoke unrest for political gain.
On the other hand, critics of Newsom defended Trump’s decision, claiming it was a justified response to violence and disorder in Los Angeles. They accused state leadership of downplaying the seriousness of the protests and argued that federal intervention was essential to restore public safety. Some also pointed to past incidents to suggest that Democratic leaders often resist federal involvement for political reasons.
The polarized reactions illustrate how issues of law enforcement, immigration, and executive power remain flashpoints in American political discourse.
This is exactly what Donald Trump wanted.
He flamed the fires and illegally acted to federalize the National Guard.
The order he signed doesn’t just apply to CA.
It will allow him to go into ANY STATE and do the same thing.
We’re suing him.pic.twitter.com/O3RAGlp2zo
— Gavin Newsom (@GavinNewsom) June 9, 2025
California AG Bonta: I, in partnership with Governor Gavin Newsom, are suing President Trump and asking the court to set aside the president’s unlawful action federalizing the California National Guard. pic.twitter.com/fnlrvFztTO
— MeidasTouch (@MeidasTouch) June 9, 2025
Trump Fires Back
The Trump campaign responded with a statement from spokesperson Abigail Jackson, who accused Newsom of “feckless leadership.”
“It’s a bald-faced lie to say there was no violence in Los Angeles before federal intervention,” Jackson said. “Trump acted to protect American law enforcement and citizens from chaos Newsom allowed to flourish.”
On his Truth Social account, Trump praised the Guard for doing a “great job” despite Newsom claiming the Guard hadn’t even arrived when that message was posted.
@cspanofficial President Trump said Monday he had “no choice” but to activate National Guard troops to respond to the protests in Los Angeles over federal immigration raids. “It’s lucky for the people in Los Angeles and California that we did what we did,” he said. “We got it just in time. It’s still simmering a little bit, but not much.” California sued the Trump administration on Monday for activating the state’s National Guard without a request first from the governor, calling the move “unlawful.” “Let me be clear: There is no invasion. There is no rebellion,” California Attorney General Rob Bonta (D) said in a statement. “The President is trying to manufacture chaos and crisis on the ground for his own political ends.” President Trump brushed aside the lawsuit, arguing federal intervention was necessary to restore order. “You watched the same clips as I did: cars burning all over the place, people rioting, and by the way, we stopped it,” he said. “If we didn’t do the job, that place would be burning down.” Earlier in the day, the president said he would support arresting California Gov. Gavin Newsom (D) for purportedly obstructing federal immigration enforcement actions. “I think his primary crime is running for governor, because he’s done such a bad job,” he said when asked on what grounds he would be arrested. “He’s destroying one of our great states.” #trump #newsom #cspan
What’s Next?
California’s legal challenge could have far-reaching implications for federalism and the balance of power between states and Washington.
“Every governor, red or blue, should be paying attention,” Newsom said. “Because if Trump can do this in California, he can do it in your state next.”
