PHOENIX – Attorney General Mayes today 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 president’s decision to federalize and deploy California’s National Guard without the consent of California state leaders is unlawful, unconstitutional, and undemocratic,” said Attorney General Mayes. “The Trump administration should be working with local leaders to keep our communities safe, not mobilizing the military against the American people.”
The amicus brief outlines how Trump’s action is wholly inconsistent with our nation’s founding principle that freedom depends on the subordination of the military to civilian authority.
“By calling forth troops when there is no invasion to repel, no rebellion to suppress, and when state and local law enforcement is fully able to execute the laws, the President flouts the vision of our Founders, undermines the rule of law, and sets a chilling precedent that puts the constitutional rights of Americans in every state at risk,” the brief reads.
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 the next 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 replace them.
The president’s unlawful and unconstitutional use of the military has exacerbated safety issues and threatened constitutionally protected activity under the First Amendment. Every state has an interest in protecting their residents from these threats.
Attorney General Mayes joins this brief led by Washington Attorney General Nick Brown and Delaware Attorney General Kathy Jennings. Others joining are the state attorneys general of Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Wisconsin. Kansas Gov. Laura Kelly also joined the brief.