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Newsom et al v. Trump et al

Court:
Northern District of California
Subject Matter:
Other Statutory Actions
Procedural Posture:
Motion for Temporary Restraining Order
Last Updated:
  • Newsom et al v. Trump et al, 3:25-cv-04870-CRB (Part 1)
    Newsom et al v. Trump et al (Part 1)
    Newsom et al v. Trump et al, 3:25-cv-04870-CRB, Other Statutory Actions, 2025-06-12, 1:30 pm, Phillip Burton Federal Building & United States Courthouse, San Francisco, STATE, Judge Charles R. Breyer presiding

    Newsom et al v. Trump et al, 3:25-cv-04870-CRB, Other Statutory Actions, 2025-06-12, 1:30 pm, Phillip Burton Federal...

Case Summary: 3:25-cv-04870-CRB

The Governor of the State of California and the State of California bring this action to protect the State against the actions of the President, Secretary of Defense, and Department of Defense to deploy members of the California National Guard, without lawful authority, and in violation of the Constitution. Plaintiffs request a declaration that the June 7, 2025 Presidential Memorandum calling into Federal service members and units of the National Guard under 10 U.S.C. § 12406 and Secretary Hegseth’s June 7 and June 9 Orders (and any future orders) calling the California National Guard into service under the stated authority of the President’s use of 10 U.S.C. § 12406 are unauthorized by and contrary to the laws of the United States and Injunctive relief prohibiting the DOD Defendants from federalizing and deploying the California National Guard and military without meeting the requirements of 10 U.S.C. § 12406, which include that issuance shall be “through the Governor” and only for the reasons set forth in 10 U.S.C. § 12406 (1-3) and not to conduct domestic law enforcement activities.

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