By Vanguard Staff
OAKLAND, CA – California Attorney General Rob Bonta joined a coalition of 20 attorneys general and three state governors in filing an amicus brief supporting Illinois Attorney General Kwame Raoul’s defense against President Donald Trump’s attempt to federalize the Illinois National Guard and deploy out-of-state troops into Chicago without the state’s consent.
Filed October 11 in the U.S. Court of Appeals for the Seventh Circuit, the brief argues that Trump’s federalization orders are unlawful, unconstitutional, and undemocratic, violating the Tenth Amendment and threatening the foundational principle of civilian control over the military. The coalition includes California, Maryland, Arizona, Colorado, Connecticut, Delaware, Hawai‘i, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia, along with the governors of Kansas, Kentucky, and Pennsylvania.
The states contend that Trump’s actions represent a grave violation of federalism and state sovereignty. The brief emphasizes that the president’s use of the military to control domestic unrest “violates constitutional guarantees of federalism” and undermines the balance of power between state and federal governments. The amici argue that the Constitution and federal law sharply limit the president’s authority to deploy the National Guard domestically, allowing such action only in cases of invasion, insurrection, or the failure of federal authorities to enforce the law.
In recent months, the Trump administration has attempted to deploy National Guard units to multiple states, including California, the District of Columbia, Oregon, and now Illinois. The brief notes that elements of the California National Guard, which were federalized in June under the pretext of responding to protests in Los Angeles, have since been sent to Oregon and Illinois for what the administration described as “training” or “public safety support” operations.
President Trump’s own words, quoted in the brief, underscore the administration’s intent to use American cities as military “training grounds.” In a September 30 speech, Trump declared, “We’re going to straighten them out one by one,” referring to “dangerous cities… run by radical left Democrats.” The attorneys general cite this statement as evidence of a political, not legal, motivation behind the deployments.
The amici brief invokes constitutional history to argue that fear of military rule drove the framers to embed state control over militias in the Constitution. The document traces this principle to the Founding era, when colonists rebelled against the presence of British troops quartered in their cities. The brief quotes early sources, including the First Continental Congress, which declared that keeping a standing army in peacetime without the consent of local legislatures was unlawful.
The attorneys general also point to Supreme Court precedent affirming the dangers of military intrusion into civilian life. Citing cases such as Reid v. Covert and Duncan v. Kahanamoku, the brief argues that the use of military forces in domestic law enforcement “exposes civilian government to the threat of military rule” and undermines basic constitutional liberties such as freedom of speech, assembly, and due process.
The coalition warns that the deployment of troops to Chicago would not only violate the Constitution but also harm communities economically and socially. Drawing on California’s experience under federal control, the brief describes how military occupation of Los Angeles neighborhoods led to fear, loss of consumer activity, and long-term economic damage. Businesses closed, tourism collapsed, and residents avoided city centers. The attorneys general warn that “Chicago can expect to face similar devastation if the court does not intervene.”
Beyond constitutional arguments, the brief highlights the practical dangers of using military personnel for domestic law enforcement. National Guard soldiers are trained for combat, not civil policing, and lack the training in de-escalation, criminal procedure, and civil rights required of local law enforcement officers. Their involvement, the states argue, creates confusion, heightens tensions, and increases the risk of violence.
The filing also references the Trump administration’s own statements redefining the mission of the Department of Defense, which the president recently renamed the “Department of War.” According to the brief, this shift in rhetoric and mission underscores the administration’s militarized approach to domestic governance and its willingness to use federal troops against American citizens.
The amici urge the court to reject what they call a “boundless interpretation” of federal law that would allow the president to deploy the National Guard wherever he deems there to be a violation of federal law. Such an interpretation, they argue, would dismantle the safeguards of federalism and set a precedent for unchecked executive power.
The coalition concludes by asking the Seventh Circuit to uphold the lower court’s order blocking Trump’s deployment of federalized troops to Illinois and to affirm the principle that the military cannot be used to police American communities without consent from state leaders. The brief closes with a warning that, unless checked by the courts, the administration’s pattern of using the National Guard as a domestic police force will continue to erode the boundaries between civilian and military authority that have defined American democracy since its founding.
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