California Sues Former President Trump Over National Guard Deployment in Los Angeles

By Devin Breitenberg

In a high-stakes legal battle with national political implications, the state of California has filed a lawsuit against former President Donald J. Trump over his unilateral decision to deploy National Guard troops and active-duty Marines to Los Angeles amid intensifying civil unrest last week.

The lawsuit, filed by California Attorney General Rob Bonta in the U.S. District Court for the Central District of California, alleges that Trump’s actions violated both federal statutes and constitutional boundaries governing military authority within state borders.

Background: Deployment Without Consent

The controversy erupted on June 7 when Trump, speaking at a rally in Phoenix, vowed to “restore order to lawless cities” and invoked the Insurrection Act of 1807 to justify deploying federal forces to Los Angeles without Governor Gavin Newsom’s consent. This came after several days of widespread protests in the city following controversial immigration raids and local police shootings.

By midnight on June 8, military convoys had rolled into parts of South Central and Downtown LA, with checkpoints established and dozens arrested under martial law protocols.

Governor Newsom called the move “an unconstitutional and reckless abuse of power” and demanded an immediate withdrawal of the troops. “This isn’t just about California — it’s about protecting states’ rights, due process, and the foundational principles of federalism,” Newsom said at a press conference in Sacramento on Monday.

Key Legal Arguments in the Lawsuit

Attorney General Bonta’s 57-page filing challenges the legal basis of Trump’s use of the Insurrection Act. The complaint argues:

Lack of Legitimate Threat: The deployment does not meet the legal threshold of “insurrection or domestic violence” that prevents enforcement of state laws.

Violation of Posse Comitatus Act: The use of active-duty military personnel in domestic law enforcement without Congressional authorization is allegedly illegal under federal law.

Breach of State Sovereignty: The lawsuit asserts that Trump’s actions overstepped federal authority by overriding the governor’s control over state National Guard units.

Bonta emphasized that “no president — past or present — is above the law,” calling the federal intervention “an authoritarian stunt aimed at inflaming division ahead of the 2026 midterms.”

National Reactions and Political Ramifications

Reactions from political leaders were swift and sharply divided. Democratic lawmakers in Congress expressed alarm, with House Speaker Hakeem Jeffries calling the deployment “a chilling escalation that deserves urgent congressional scrutiny.”

In contrast, many Republican leaders and Trump allies praised the move. Senator Josh Hawley (R-MO) defended the deployment as “a bold step to protect American citizens from chaos manufactured by progressive governance.”

The lawsuit comes just weeks after Trump’s Supreme Court victory affirming broad presidential immunity in civil cases, a ruling critics say emboldened the former president’s recent decisions.

Military Response and Public Impact

While the Pentagon has issued no formal statement, internal sources say senior military officials expressed unease over the rapid and unsanctioned deployment. Multiple civil rights groups — including the ACLU and Human Rights Watch — have filed amicus briefs in support of California’s suit.

Los Angeles Mayor Karen Bass reported that protests have remained largely peaceful but warned of “growing tension” as military presence continues.

What Happens Next

The federal court has scheduled an emergency hearing for Wednesday to consider California’s request for an injunction ordering the immediate withdrawal of federal forces.

Legal analysts say the case could become a landmark test of executive authority in the post-Trump era. If successful, it may redefine the limits of federal power during states of unrest — especially when imposed retroactively by a former president without current office.

Devin Breitenberg is a legal consultant and senior counsel at Devin Law LLC and legal contributor  for Veritas Expositae.  You can reach her at devin.breitenberg@veritasexpositae.com