MADISON, Wis. – Attorney General Josh Kaul announced on Thursday that he has filed an amicus brief with leaders from 21 states supporting California’s request for a court order blocking the president’s unlawful federalization and deployment of that state’s National Guard.
“The Trump administration’s eagerness to deploy the military in an American city is a major warning sign for our democracy,” said AG Kaul. “This is not normal and it must not become normalized. The judiciary should stop this.”
The president’s memo federalizing the Guard does not restrict these actions to just Los Angeles, California, or any specific U.S. region. Instead, it is an unlimited claim of presidential authority to deploy the National Guards of any state for a period of 60 days. The states have an interest in standing up against this unnecessary and legally unjustified military call-up.
The states also have an interest in ensuring their National Guards are available to perform the essential services they provide the states on an ongoing basis. They provide critical services responding to natural disasters, counter-drug operations, and cybersecurity support, among other daily contributions to public safety. This unlawful federalization pulls volunteer service members away from performing vital services, and states are not in a position to easily replace them.
Joining AG Kaul in filing the brief are the state attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Washington. Kansas Gov. Laura Kelly also joined the brief.
A copy of the amicus brief is available here.
View this press release on the DOJ website here.
