COUNCIL AGENDA: 09/09/2025
ITEM: 2.18
TO: HONORABLE MAYOR AND CITY
COUNCIL
FROM: NORA FRIMANN,
City Attorney
SUBJECT: Amicus Curiae Brief in Newsom
v. Trump
DATE: September 8, 2025
RECOMMENDATION
Retroactively authorize the City Attorney to join in an Amicus Curiae brief drafted by the Public Rights Project on behalf of local government entities in support of Plaintiffs in Newsom v. Trump. (Case No. 25-3727 [U.S. Court of Appeal for the Ninth Circuit].)
The amicus brief supports California’s effort to protect the state from the unlawful deployment of the National Guard in Los Angeles.
BACKGROUND
Newsom v. Trump is a case brought by Governor Newsom to challenge the legality of the deployment of the National Guard and U.S. Marines to Los Angeles.
The District Court granted a temporary restraining order enjoining this deployment. The federal government filed an appeal and has asked the Court of Appeal to stay the restraining order. Governor Newsom and Amicus Curiae request the Court of Appeal to deny the stay.
The Amicus brief focuses on arguments under the Tenth Amendment of the U.S.
Constitution. It also argues that deployment of military to police local protests interferes with local governments’ ability to safety and effectively respond to those protests. Local law enforcement have established protocols, developed over years of experience with community input, for facilitating First Amendment activities.
ANALYSIS
The arguments made in the Amicus brief are consistent with the City’s law enforcement practices and with the interest of our community.
September 8, 2025
Subject: Amicus Curiae Brief in Newsom v. Trump
PUBLIC OUTREACH
This memorandum will be posted on the City’s website for the September 9, 2025 agenda.
CEQA
Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment.
By: /s/ Nora Frimann
NORA FRIMANN
City Attorney
cc: Jennifer Maguire, City Manager
For questions, please contact NORA FRIMANN, City Attorney, at (408) 535-1900.