Attorney General Ellison opposes Trump’s California military deployment in court

Joins coalition of 22 states in amicus brief in support of California’s request to block Trump’s illegal federalization and deployment of National Guard

June 12, 2025 (SAINT PAUL) — Late last night, Minnesota Attorney General Keith Ellison joined a coalition of 22 states in filing an amicus brief in support of the State of California’s request for a court order blocking the president’s unlawful federalization and deployment of that state’s National Guard.

In the brief, Attorney General Ellison and the coalition outline 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. As they write in the brief, “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 United States is not and never has been run by a king who is above the law or turns our military into his personal political enforcers. The very notion is deeply un-American and runs counter to every principle in our history and constitution,” Attorney General Ellison added. “This is an deliberately outrageous response to constitutionally guaranteed protest. Americans are rightly deeply concerned that if this illegal federalization and deployment of California’s National Guard is allowed to stand, their states and communities could be the next ones that Trump takes over militarily on the slightest pretense. In filing this brief, my colleagues and I are standing with the American people and standing up for the rule of law, the safety of all communities, and the integrity of our military.”

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.

Joining Attorney General Ellison in the amicus brief are Washington Attorney General Nick Brown and Delaware Attorney General Kathy Jennings, who led the coalition, and the state attorneys general of Arizona, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Wisconsin. Kansas Governor Laura Kelly also joined the brief.