AG Rayfield: Our Guard members aren’t tools for political theater – they’re trusted partners in day-to-day public safety.
Oregon Attorney General Dan Rayfield and a coalition of 10 other attorneys general have filed a legal brief opposing former President Donald Trump’s unconstitutional attempt to federalize and deploy California’s National Guard.
The amicus brief, filed in support of California’s request for a court order, argues that Trump’s sweeping action defies the Constitution and represents a dangerous overreach of presidential power. The move allows the federal government to deploy state National Guard troops without legitimate justification – setting a precedent that could threaten the balance between civilian authority and military force across the country.
“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.
Trump’s order does not limit the deployment to a specific location or purpose. Instead, it asserts broad authority to activate any state’s Guard for 60 days without the cooperation of state leaders. This expansive interpretation of presidential power is not only legally unjustified—it directly interferes with the essential roles the National Guard plays at the state level.
“Our Guard members aren’t tools for political theater – they’re trusted partners in our day-to-day public safety,” said Oregon Attorney General Dan Rayfield. “This attempted power grab undermines the states’ ability to respond to disasters and protect citizens. It’s not just unconstitutional – it’s a threat to the systems we rely on.”
The brief highlights that this kind of unchecked federal military deployment could also suppress First Amendment activity, raising alarms for civil liberties nationwide.
Oregon joins attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Vermont, Washington, and Wisconsin. Kansas Governor Laura Kelly also joined in support.