Malik Washington documents a pattern of militarization of law enforcement in Minnesota, with the use of federal military power against civilian dissent, the criminalization of free speech, and the targeting of Indigenous citizens, all in violation of the Posse Comitatus Act of 1878.
President Trump has threatened to invoke the Insurrection Act in Minnesota, which would allow him to use federal troops to police civilians in an extreme emergency, but this is a rarely used power that Congress intended only for extreme emergencies and would be an unnecessary and dangerous abuse of power.
California Attorney General Rob Bonta and Governor Gavin Newsom have filed a motion in the U.S. District Court for the Northern District of California to block the Trump administration’s federalization and deployment of the California National Guard, arguing that it is unlawful and violates the Posse Comitatus Act.
The Ninth Circuit Court of Appeals has vacated a 2-1 order that had sided with the Trump administration’s effort to federalize and deploy the Oregon National Guard in Portland, leaving in place a lower court’s restraining order blocking the deployment while the case continues.
California Attorney General Rob Bonta and Governor Gavin Newsom filed an amicus brief in support of Illinois Attorney General Kwame Raoul’s request for a temporary restraining order to block President Donald Trump’s attempt to federalize the Illinois National Guard and deploy federalized troops from Texas into Chicago, warning that this represents an unprecedented federal intrusion into state sovereignty and a direct violation of constitutional principles.
The State of Oregon and the City of Portland filed suit to block President Donald Trump’s order to federalize 200 members of the Oregon National Guard and send them into Portland, arguing that it is unlawful, unconstitutional, and a violation of both the Posse Comitatus Act and the Tenth Amendment.
A federal judge in California issued a second injunction against President Donald Trump for deploying U.S. Marines and National Guard troops in Los Angeles during protests against immigration enforcement earlier this summer, citing the Posse Comitatus Act to block the move.
The California Legislature has condemned the Trump administration’s immigration raids and use of military forces in Los Angeles, declaring the deployments unlawful under the Posse Comitatus Act.
A federal court permanently blocked the Trump Administration from using federalized California National Guard troops and U.S. Marines for law enforcement in Los Angeles, ruling that the deployment violated the Posse Comitatus Act and infringed on state sovereignty.
The Posse Comitatus Act, which prohibits the use of the Army in domestic policing, has been brought into the national spotlight by President Donald Trump’s repeated use of federal troops on American soil, raising questions about the boundaries between military and civilian authority and reigniting debate about the militarization of policing.
California Attorney General Rob Bonta remains confident that the Trump administration violated federal law by deploying California National Guard troops and U.S. Marines in Los Angeles, following the conclusion of a three-day trial in the state’s lawsuit challenging the mobilization.