FOR IMMEDIATE RELEASE
Media Contact:
Kristin Ford
Kristin.Ford@govactalliance.org
GovAct and Governors Safeguarding Democracy File Amicus Brief
Led by Bipartisan Group of 25 Former Governors
Brief Urges Ninth Circuit to Reinforce State Sovereignty and Block Unprecedented Federalization of National Guard
Washington, D.C.— GovAct, a nonprofit nonpartisan initiative that helps governors work together across state lines to champion fundamental freedoms and improve people’s lives, and Governors Safeguarding Democracy, an alliance of governors supported by GovAct, announced the filing of an amicus curiae brief on behalf of a bipartisan group of 25 former governors in Newsom v. Trump, No. 25-3727 (9th Cir.). The brief supports California Governor Gavin Newsom’s motion for a preliminary injunction to prevent the president’s unilateral federalization and deployment of California’s National Guard, under 10 U.S.C. § 12406, without consultation with or consent by the governor. In the brief, the former governors support a request for a rehearing of the case before an 11-judge panel of the U.S. Court of Appeals for the Ninth Circuit. GovAct and Governors Safeguarding Democracy are represented pro bono by Free + Fair Litigation Group.
Drawing on decades of collective experience, the former governors argue that the Trump Administration’s action threatens the balance of state and federal authority entrenched in the Constitution. Governors with experience say federalizing the National Guard endangers public safety by diverting critical state resources from emergencies, like wildfires and floods, that are plaguing states now.
The brief stresses:
“In amici’s experience, incidents requiring a federal military response are nearly unprecedented—state and federal officials have worked together in good faith to avoid the use of federal forces in situations normally handled by state and local law enforcement. The President’s action disrupts that trust and undermines the Guard’s unique dual-role purpose.”
Among the key points highlighted:
Federalism: It is well-established that, under the 10th Amendment, “police powers” are reserved for the states, not the federal government, and any federal action displacing state authority must be unmistakably authorized by Congress. Here, it was not.
Historical Practice: Only in the most extraordinary circumstances have presidents federalized National Guard troops over objections, notably, when governors have openly defied federal law. Usually, state and federal officials work together to avoid use of federal forces in situations normally handled by state and local law enforcement.
Public Safety Risks: Uncoordinated deployment undermines local disaster response, strains military readiness, and leads to confusion on the ground.
“Our nation’s founders designed a system of dual sovereignty so that local leaders, accountable at the ballot box, could manage civil emergencies with precision and care,” said former Gov. Arne Carlson (R-MN). “By bypassing that system, this Administration imperils both public safety and the rule of law.”
“As former governors, we counted on our courageous National Guard troops to fight wildfires, respond to floods, and support public health,” added former Gov. Jim Doyle (D-WI). “Federalizing the Guard without state consent not only breaks with tradition—it jeopardizes the very missions the residents of our states depend on.”
Former Governors who signed the brief include:
- Jerry Brown (CA-D)
- Steve Bullock (MT-D)
- Arne Carlson (MN-R)
- Mark Dayton (MN-D)
- Jim Doyle (WI-D)
- Parris N. Glendening (MD-D)
- Jennifer M. Granholm (MI-D)
- Bill Graves (KS-R)
- Christine Gregoire (WA-D)
- Tony Knowles (AK-D)
- Gary Locke (WA-D)
- Terry McAuliffe (VA-D)
- Janet Napolitano (AZ-D)
- Martin O’Malley (MD-D)
- Deval Patrick (MA-D)
- Marc Racicot (MT-R)
- Bill Ritter Jr. (CO-D)
- Kathleen Sebelius (KS-D)
- Steve Sisolak (NV-D)
- Eliot Spitzer (NY-D)
- Ted Strickland (OH-D)
- Tom Vilsack (IA-D)
- Bill Weld (MA-R)
- Christine Todd Whitman (NJ-R)
- Tom Wolf (PA-D)
Former Governor Marc Racicot (R-MT) and former Governor Kathleen Sebelius (D-KS), both members of GovAct’s advisory board, also recently authored an op-ed in Newsweek about the threats to our democracy and system of federalism from President Trump’s politicization of the National Guard.
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About GovAct
Governors Action Alliance (GovAct) is a nonprofit nonpartisan initiative that helps governors work across state lines to champion fundamental freedoms and improve people’s lives. GovAct serves as a centralized platform for collaboration across governors’ offices—incubating, launching, and supporting alliances of governors. These alliances share cutting-edge policy and legal approaches to some of the most challenging and critical issues we face, from reproductive freedom and democracy to immigration and public safety.
About Governors Safeguarding Democracy
Governors Safeguarding Democracy (GSD) is a nonpartisan initiative of governors working together to uphold and fortify American democracy, supported by GovAct. Directed by an Executive Committee of governors or their designees and co-chaired by Governor JB Pritzker of Illinois and Governor Jared Polis of Colorado, GSD helps governors collaborate to strengthen democracy by advancing policy that protects fundamental freedoms and improves people’s lives. Together, GSD aims to help push back against anti-democratic threats and protect the rule of law and systems of democracy our country and our states depend on.