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Posted inCalifornia Currents

California shores up its legal defenses anticipating another Trump presidency

by Ruth Dusseault, Bay City News November 8, 2024November 11, 2024

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(Illustration by Diane Bakunawa for Local News Matters; BCN file photos, White House)

Standing in the Presidio in San Francisco, his shoulders aligned with the Golden Gate Bridge, California Attorney General Rob Bonta announced that the state is prepared to defend its values against the challenges brought by a second Trump administration.

Moments earlier, Gov. Gavin Newsom delivered a similar message in a call for a special legislative session starting Dec. 2 focused on bolstering the state’s resources for the defense of fundamental rights following the election of former President Donald Trump over current Vice President Kamala Harris in Tuesday’s election.

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“I don’t think there’s anything that the Trump administration won’t try in pursuit of its ends and goals, so we have to be prepared for anything,” said Bonta. “Mr. Trump repeatedly overstepped his authority between 2016 and 2020. There’s no reason to think he won’t do it again. We checked him and we stopped him, and we pushed him back into his box when he tried to step out of it. And that’s what the law is for. That’s what AGs do.”

Bonta said he has learned to take Trump at his word when he says he’ll roll back environmental protections, go after immigrant and LGBTQ+ communities, attack civil rights and restrict access to reproductive care.

“We won’t be flat-footed come January. You can be sure that as California attorney general, if Trump attacks your rights, I’ll be there. If Trump comes after your freedoms, I’ll be there. If Trump jeopardizes your safety and your well-being, I’ll be there,” said Bonta.

During Trump’s first administration, California filed over 100 lawsuits contesting the president’s actions.

“The supermajority of them were successful,” said Bonta, adding that if Trump obeys the law, there won’t be a single lawsuit. 

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“I very much doubt that based on what he said he plans to do, what Project 2025 says. We believe he’ll be taking unlawful actions and that we will find appropriate relief and remedies in court where we always have,” he said. “We don’t mind who appointed a judge. If we have a fair, impartial, objective judge where we can present our case, our factual presentation and our legal analysis, we believe will win.”

In his public statement, Newsom said his and Bonta’s office have been preparing for more than a year by marshaling the arguments and evidence needed to be ready to challenge in court unconstitutional and unlawful federal policies. The special legislative session will focus on providing additional funding to the California Department of Justice and other agencies to support immediate litigation.

Mr. Trump repeatedly overstepped his authority between 2016 and 2020. There’s no reason to think he won’t do it again. … We won’t be flat-footed come January. Attorney general Rob Bonta

“The track record of the first Trump Administration, combined with the statements made by President-Elect Trump on the campaign trail, as well as statements and policy papers issued by individuals close to his campaign and by Republican congressional leadership, indicate the consequences of his presidency for California may be significant and immediate,” the governor’s proclamation read. 

When asked about Trump’s plan for the mass deportation of undocumented immigrants, Bonta described a collective defense.

“We’ve been in conversation with attorneys general across the nation,” said Bonta. “We’ve been in conversation with advocates of immigrant rights groups. We have reviewed the protections that we have in place. Remember, we did this before. There were attacks on sanctuary jurisdictions and cities.”

He recalled the 2017 California Values Act, which prevents state and local law enforcement agencies from using their resources on behalf of federal immigration enforcement agencies. 

FILE PHOTO: President Donald J. Trump signs the Consolidated Appropriations Act, 2021 on Sunday, December 27, 2020, in the Tea Room at Mar-a-Lago in Palm Beach, Florida. (Shealah Craighead/White House via Bay City News) Credit: Shealah Craighead/White House via Bay City News

“We have put in place many protections for our immigrants, and we are dusting off those important laws to make sure that we reinforce them, make them more robust, and that we are ready for these articulated plans,” Bonta said.

California has a constitutional amendment to protect reproductive rights, including abortion and contraception. According to Newsom’s statement, the state has also spent $45 billion on climate change programs, resulting in substantial progress like surpassing electricity demand with clean energy and bolstering battery storage capacity.

LGBTQ+ rights were solidified on Tuesday with the approval of Proposition 3, which removed language in the state Constitution that stated marriage is only between a man and woman. That language was from 2008’s Proposition 8, which voters approved but was eventually overturned in federal court.

‘As California goes, so does the nation’

In the governor’s statement, Senate President pro Tempore Mike McGuire, D-North Coast, added a warning.

“We learned a lot about former President Trump in his first term — he’s petty, vindictive, and will do what it takes to get his way no matter how dangerous the policy may be,” said McGuire. “California has come too far and accomplished too much to simply surrender and accept his dystopian vision for America. This is why we’re moving with speed and investing in our legal defense.”

“California will remain the steadfast beacon of hope and progress,” said Bonta. “It has always been a constant, unwavering, immovable force to be reckoned with, will continue to be a check on overreach and push back on abuse of power, be the antidote to dangerous extremist, hateful vitriol, be the blueprint of progress for the nation to look to. Remember, in moments of chaos in D.C., you can always look to California for calm resolve. It is often said as California goes, so goes the nation. In the days and months and years to come, all eyes will look west.”

Tagged: California voters, Donald Trump, election, Election 2024, election results, Gov. Gavin Newsom, immigrants, justice system, Kamala Harris, leadership, legal, LGBTQ+, politics, Project 2025, Trump administration

Ruth Dusseault, Bay City News

Ruth Dusseault is an investigative reporter and multimedia journalist focused on environment and energy. Her position is supported by the California local news fellowship, a statewide initiative spearheaded by UC Berkeley aimed at supporting local news platforms. While a student at UC Berkeley’s Graduate School of Journalism (c’23), Ruth developed stories about the social and environmental circumstances of contaminated watersheds around the Great Lakes, Mississippi River and Florida’s Lake Okeechobee. Her thesis explored rights of nature laws in small rural communities. She is a former assistant professor and artist in residence at Georgia Tech’s School of Architecture, and uses photography, film and digital storytelling to report on the engineered systems that undergird modern life.

More by Ruth Dusseault, Bay City News

Local News Matters brings community coverage to the SF Bay Area so that the people, places and topics that deserve more attention get it. Our nonprofit newsroom is supported by the generosity of readers like you via tax-deductible donations to Bay City News Foundation.

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