California Governor Gavin Newsom and Attorney General Rob Bonta filed a federal lawsuit on June 9 challenging the legality of President Donald Trump’s decision to deploy federal troops to Los Angeles. The legal action comes in response to the mobilization of 300 National Guard soldiers and 700 U.S. Marines under Title 10 authority, a move California officials argue violates constitutional limits on federal power and undermines state sovereignty during civil unrest.
Federal Overreach Alleged by California Officials
The lawsuit, filed in U.S. District Court in San Francisco, asserts that the Trump administration acted unlawfully by bypassing the governor’s authority and ordering military forces into California without state consent. According to the complaint, the deployment represents a violation of the Tenth Amendment, which reserves military and law enforcement powers to the states unless explicitly authorized otherwise by the U.S. Constitution.
State leaders argue that the situation in Los Angeles, which involves protests in response to federal immigration raids, does not meet the legal threshold required to activate Title 10 powers. California’s legal team emphasizes that federal troops cannot be used for law enforcement activities on American soil unless rebellion, insurrection, or obstruction of federal law is occurring—none of which the state believes apply in this case.
Concerns Over Use of Title 10 and Posse Comitatus
Legal experts note that the case raises significant constitutional concerns about the scope of executive power and the use of military force domestically. Title 10 of the U.S. Code allows the president to federalize the National Guard in limited circumstances, but typically requires a request or consent from the state’s governor. Governor Newsom has made it clear that no such consent was given.
Further complicating the legal landscape is the Posse Comitatus Act, which restricts the use of federal troops for domestic law enforcement without Congressional approval. California’s lawsuit claims the administration violated that principle by deploying Marines and federally activated National Guard troops to assist in managing protests, which the state contends is a civilian matter under local jurisdiction.
